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Established  1794. 


E.  A.  Cruikshank.  Warren  Cruikshank. 

e.  a.  cruikshank  &  co./.' 
Real  Estate, 

176  BROADWAY,  NEW  YORK. 


Entire  Charge  of  Estates  taken  and   the  Sale  and  Rental  of 
New  York  City  Property  a  Specialty. 


Telephone,  No.  1158  Cortlandt. 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


Horace  S.  Ely.  Alfred  E.  Marling. 

HORACE  S.  ELY  &  CO, 
Real  Estate  Agents, 

64  GEDflH  ST., 

Uptown  Office, 
27  West  30TH  Street,  NEW   YORK. 

NEAR    BROADWAY, 


Ex  ICthrta 

SEYMOUR    DURST 


p 


ROMISSORY 
NOTES 


BILLS  OF  EXCHANGE. 
CHECKS  AND  NEGOTIABLE  BONDS 


IMPORTANT  CHANGBS  IN  THE  I/AW, 


New    York    Negotiable    Instruments    Law 

WHICH  TOOK  EFFECT 

OCTOBER    1,     1897 


Annotated  and  Indexed  by 

GEO.  W.  VAN  SICLEN 

OF  THE  New  York  Bar. 


200  Pages;    Cloth;    Price,  $2.00 


published  by 

Record  and  Guide,  14-16  Vesey  Street 

New  York. 


ING 

/ 


OF  ,THE 


Greater  New  York  Charter 


REAL  ESTATE  INTERESTS 


BY 

.     '  GEO.  W.  VAN  SICLEN 

OF  THE  New  York  Bar. 

Author  of  "Guide  to  Buyers  and  Sellers  of  Real  Estate." 

Commentaries  on  "The  Negotiable  Instruments  Law.' 

Founder  of  the  Title  Guarantee  and  Trust  Co. 

One  of  the  Incorporators  of  the  Real  Estate  Exchange. 

Sometime  Law  Editor  of  The  Real  Estate  Record  and  Guide. 


New  York,  1897. 

The  Record  and  Guide  Publishing  Co. 

14-16  vesey  street. 


95HU 


Copyright,  1897, 

BY    THE    REAL    ESTATE    RECORD    ASSOCIATION, 

14-16  VESEY  STREET,  NEW  YORK. 


Printed  by 

The  Record  and  Guide  Press, 

227  William  St.,  N.  Y. 


Bearing  of  the  Charter 

OF 

THE  CITY  OF  NEW  YORK 

UPON 

REAL  ESTATE  INTERESTS 

BY 

GEO.  W.  VAN  SICLEN 


Real  estate  is  affected  in  many  ways  by  provisions  of 
the  new  charter  of  New  York  City,  which  are  scattered  and 
tangled  through  a  law  book  of  over  600  pages  ;  an  analysis 
and  summary  of  these  provisions  is  therefore  desirable 
that  they  may  be  clearly  understood,  and  may  be  quickly 
found  when  needed. 

Correct  name. — The  correct  name  of  this  great  city  is 
not  Greater  New  York,  but  "  The  City  of  New  York". 

The. — Notice  that  word  "The."  It  is  part  of  the  lawful 
name  of  the  corporation.  Sometimes  a  charter  has  that 
word,  and  sometimes  not,  just  as  the  legislature  happened 
(or  intended)  to  pass  it ;  but  if  it  was  so  written  in  the  char- 
ter of  a  corporation  it  must  be  used  in  all  official  documents  ; 
and  if  it  was  not  so  placed  in  the  charter,  it   must  be  left 


2  BEARING    OF   THE    CHARTER 

out  of  all  official  documents.  In  an  old  law  case  a  person 
prosecuted  for  forgery  by  writing  ''Nassau  Bank,"  was  set 
free,  because  the  true  name  of  the  bank  was  "  The  Nassau 
Bank,"  and  he  had  not  written  the  latter,  and  consequently 
had  not  forged  that  bank's  name. 

This  is  "The  City  of  New  York,"  and  not  the  ''City  of 
New  York,"  nor  "New  York  City,"  when  called  by  its  right 
name. 

Short  title. — But  the  charter  may  be  cited  by  the  short 
title  of  "The  Greater  New  York  Charter".     (Sec.  i.) 

Charter  takes  effect. —  The  charter  takes  effect  January 
ist,  1898,  except  that  as  to  any  election  required  to  be  held  or 
other  act  done  or  forbidden  before  that  date,  the  new  law 
took  effect  from  and  after  its  passage  May  4th,  1897,  when 
it  was  approved  by  the  Governor. 

Not  accepted  by  old  New  York — This  new  charter  was 
accepted  by  Brooklyn  and  Long  Island  City,  and  not  ac- 
cepted by  the  old  City  of  New  York,  but  was  signed  by  the 
Governor,  and  became  a  law,  notwithstanding. 

Rights,  powers,  obligations,  duties — The  new  city  is 
declared  by  Sec.  i  to  be  the  successor  corporation  in  law 
and  fact  of  all  the  municipal  and  public  corporations  con- 
solidated, with  all  their  rights  and  powers,  and  subject  to 
all  their  lawful  obligations;  this  obviously  includes  the 
trustees  of  each  public  school  district  in  Hempstead  and 
Flushing,  and  those  of  each  village  in  Staten  Island  and 
Queens  County. 

**  Developed  "  or  devolved  ? — The  draftsman  of  Sec.  i 


UPON    REAL    ESTATE    INTERESTS.  3 

of  the  charter  evidently  believes  in  the  theory  of  evolution 
(unless  he  is  misrepresented  by  the  printer),  for  the  law  as 
printed  goes  on  to  say  that  the  duties  and  powers  of  the 
several  municipal  and  public  corporations  consolidated 
"  are  hereby  developed  upon  the  Municipal  Assembly  of  said 
City  of  New  York."  He  probably  meant  ''devolved."  But 
in  view  of  the  size  of  the  charter  and  of  the  way  in  which 
it  has  become,  or  seemed  to  become,  a  law,  "  developed  "  is 
quite  a  suitable  word. 

Boroughs — The  five  boroughs  are  Manhattan,  The 
Bronx,  Brooklyn,  Richmond  and  Queens. 

Former  assessments. — All  assessments  for  benefits 
heretofore  laid  for  the  payment  of  any  part  of  the  debts  of 
any  of  the  municipal  corporations  consolidated,  are  to  be 
preserved  and  enforced.     (Sec.  5.) 

Public  buildings  and  property. — All  of  the  public 
buildings,  institutions,  public  parks,  waterworks  and  prop- 
erty of  the  various  municipal  corporations  consolidated, 
and  all  the  property  of  the  Counties  of  Kings,  Richmond 
and  Queens,  in  the  consolidated  district  (except  the  Queens 
County  court  house  and  county  buildings)  become  the 
property  of  The  City  of  New  York  on  January  ist,  1898. 
As  the  county  court  house  of  Queens  County  is  in  Long 
Island  City,  with  its  court  rooms,  jail,  county  treasurer's 
office,  etc.,  it  was  evidently  thought  best  to  not  take  that 
away  from  the  county,  only  a  portion  of  which  is  included 
in  the  new  city  of  New  York. 

No    more   county   debts. — After    the    same    date    the 


4  BEARING    OF   THE    CHARTER 

Counties  of  New  York,  Kings  and  Richmond  cease  to  have 
power  to  become  indebted. 

No  more  debts  of  municipal  corporations And  after 

the  same  date  all  the  towns,  villages,  and  school  districts 
cease  to  have  power  to  become  indebted.  (Sec.  8.)  As  that 
power  was  not  taken  away  by  the  law  until  the  consumma- 
tion and  taking  effect  of  the  consolidation,  many  of  those 
corporations  seized  the  opportunity  to  run  in  debt  and 
bond  themselves  for  large  sums,  which  they  never  would 
have  authorized  or  incurred,  but  for  the  expectation  that 
the  new  city  will  have  to  foot  the  bills.  Still,  they  are  now 
parts  of  the  new  city,  and  will  have  to  pay  a  share  ;  and 
many  needed  improvements  have  been  made  sooner  than 
they  would  otherwise  have  come  to  pass. 

Taxes  for  1897 — Each  municipal  body  is  to  regularly 
levy  its  taxes  in  1897,  as  if  there  were  to  be  no  consoli- 
dation ;  and  all  that  are  uncollected  on  January  rst,  1898, 
will  become  valid  liens  due  to  the  new  city,  and  are  to  be 
collected  by  the  officers  of  the  new  city;  the  various  tax 
and  assessment  lists  from  all  the  villages  and  school  dis- 
tricts, etc.,  are  to  be  transmitted  to  the  new  comptroller  on 
or  immediately  after  January  ist,  1898,  and  by  him  sent  to 
the  collector  of  assessments  and  arrears  for  collection. 
(Sec.  937.) 

City  Record — Brief  extracts  of  all  resolutions  and  or- 
dinances introduced  or  passed  by  the  Municipal  Assembly, 
and  of  all  recommendations  of  committees,  and  of  all  final 
proceedings,  and  full  copies  of  all  messages  from  the  Mayor, 


UpON    REAL    ESTATE    INTERESTS.  5 

and  of  all  reports  of  departments  or  officers,  are  to  be  pub- 
lished in  the  City  Record  immediately  after  the  adjourn- 
ment of  each  meeting  of  the  Municipal  Assembly.  (Sec.  29.) 
As  many  of  these  will  affect  real  estate  every  one  interested 
will  be  wise  to  procure  that  publication  regularly. 

Published  in  City  Record. — Every  ordinance  or  reso- 
lution providing  for  the  alienation  or  disposition  of  any 
property  of  the  city,  the  granting  of  a  franchise,  terminat- 
ing the  lease  of  any  property  or  franchise  belonging  to 
the  city,  or  the  making  of  any  specific  improvement, 
*  *  *  or  authorizing  *  *  *  the  taxing  or  assessing 
of  property  in  the  city  must  be  published  at  least  five  days 
in  the  City  Record  before  it  can  be  finally  passed  by  the 
Municipal  Assembly.  And  the  Mayor  can  not  approve  it 
until  three  days  after  such  publication  after  its  passage. 
(Sec.  30.) 

Keep  your  City  Records  on  file — But,  note,  if  an  ordi- 
nance or  resolution  (or  an  abstract  of  it)  has  once  been 
published  in  the  City  Record,  after  that  it  need  only  be  re- 
ferred to  by  date  and  page  of  the  former  City  Record,  stat- 
ing any  amendments. 

Real  Estate  Record  and  Guide. — A  much  more  conven- 
ient method,  saving  much  time,  labor,  and  risk  of  overlook- 
ing important  points,  will  be  to  subscribe  to  Real  Estate 
Record  and  Guide,  published  weekly  at  14-16  Vesey  St., 
in  which  will  be  found  full  reports  of  everything  affecting 
real  estate. 

No  such  resolution  or  ordinance  affecting  property  can 


6  BEARING    OF   THE    CHARTER 

pass  the  Council  or  Board  of  Aldermen  at  the  same  session 
at  which  it  is  offered,  except  by  unanimous  consent. 

Records  and  minutes  open  to  inspection The  City 

Clerk  must  keep  them  open  at  all  reasonable  times. 

City  Clerk's  signature  is  necessary  to  all  leases  of  city 
property,  and  all  grants  and  other  documents,  as  under  ex- 
isting laws.     And  he  keeps  the  seal.     (Sec.  31.) 

Muniments,  records,  patents,  deeds,  minutes,  writings 
and  papers  belonging  to  the  city,  and  all  belonging  to  the 
places  consolidated,  are  to  be  kept  by  the  City  Clerk.  (Sec. 
32.) 

Auctioneers — Every  auctioneer  must  get  a  license  from 
the  city  clerk  and  file  with  him  a  bond  for  $2,000,  with  two 
good  sureties.  The  President  of  the  Council  can  revoke 
the  license  and  forfeit  the  bond  on  good  cause  shown. 
(Sec.  34.) 

Municipal  Assembly  must  meet  at  least  once  a  month, 
except  in  August  and  September.     (Sec.  37.) 

Votes  on  an  assessment,  or  a  franchise — The  votes 
of  three-fourths  of  all  the  tnejnbers  elected  to  each  house  are 
necessary  to  the  laying  of  an  assessment,  or  the  grant  of  a 
franchise.     (Sec.  39.) 

Mayor's  veto The  Mayor  has  to  pass  on  every  ordi- 
nance and  resolution.  He  must  return  it  in  ten  days,  or  it 
takes  effect.  If  he  returns  it  disapproved,  it  can  be  passed 
over  his  veto  by  two-thirds  of  all  the  members  elected  to  each 
house,  unless  it  involves     *     *     *     the  laying  of  an  assess- 


UPON    REAL    ESTATE    INTERESTS.  7 

ment,  or  the  grant  of  a  franchise,  and  then  it  takes  five- 
sixths  of  all  the  members  elected  to  each  house.    (Sec.  40.) 

Ordinances  in  force  in  1897  in  all  the  places  consoli- 
dated are  to  remain  in  force  within  the  boundaries  of  each 
place,  until  modified  by  the  Municipal  Assembly,  and  they 
may  be  enforced  in  the  name  of  The  City  of  New  York. 

Municipal  Assembly. — The  legislative  power  of  the  city 
is  in  two  houses,  the  Council  and  the  Board  of  Aldermen, 
which  taken  together  constitute  the  Municipal  Assembly. 

Council — There  are  29  members  of  the  Council,  viz  :  the 
President,  who  is  elected  on  a  general  ticket  just  like 
the  Mayor,  and  28  members  from  10  council  districts. 
Queens  County  makes  one  council  district,  and  is  to  have 
two  members,  one  from  Long  Island  City  and  Newtown, 
and  one  from  Flushing,  Jamaica  and  the  part  of  Hemp- 
stead that  has  been  included  in  the  city.  Richmond  county, 
the  whole  of  Staten  Island,  makes  another  council  district, 
and  has  two  members.  The  other  eight  council  districts, 
which  have  three  members  each  in  the  council,  are  shown 
on  the  accompanying  map. 

Ex-riayors. — Every  ex-mayor  of  The  City  of  New  York 
so  long  as  he  remains  a  resident,  is  to  belong  to  the 
Council,  but  cannot  vote  in  it.     Wisdom  without  power. 

Board  of  Aldermen. — This  Board  is  made  up  of  one 
representative  from  each  assembly  district,  except  that 
only  one  alderman  is  to  be  elected  by  Long  Island  City 
and  Newtown  together,  and  one  by  Flushing,  Jamaica  and 
the  part  of  Hempstead  together  ;    and  also   one    from   the 


8  BEARING   OF   THE   CHARTER 

part  of  the  first  and  second  assembly  districts  of  West- 
chester that  have  been  included  in  the  city. 

The  President  of  the  Board  of  Aldermen  is  elected  by 
them  from  among  their  own  number. 

Heads  of  departments — Each  head  of  an  administra- 
tive department  is  a  member  of  the  Board  of  Aldermen  with 
the  right  to  talk  but  not  to  vote.     (Sec.  25.) 

The  City  Clerk  is  appointed  by  the  Council  for  six 
years,  so  that  he  holds  over  longer  than  the  members  of 
the  Council,  their  term  being  four  years,  while  that  of  the 
Aldermen  is  two. 

Additional  waterworks  may  be  acquired  and  con- 
structed by  the  Municipal  Assembly,  and  the  latter  is  to 
fix  the  terms  for  its  distribution.     (Sec.  42.) 

The  height  of  buildings  may  hereafter  be  restricted  by 
the  Municipal  Assembly,  but  such  an  ordinance  must  first 
be  approved  by  the  Board  of  Public  Improvements  ;  and  it 
needs  a  majority  of  all  the  members  elected,  in  each  house  to 
pass  it,  the  vote  being  taken  by  ayes  and  noes.     (Sec.   43.) 

Franchises  for  street  railways  and  ferries  and  ferry 
leases  may  be  granted  by  the  Municipal  Assembly.  (Sec. 
45.) 

Where  ordinances,  rules  and  regulations  originate. — 
Any  modification  of  the  existing  rules,  regulations  and  ordi- 
nances affecting  any  of  the  departments  (Health,  Police, 
Park,  Fire  and  Building  Departments),  and  all  ordinances 
to  be  passed  to  govern  the  Board  of  Public  Improvements 


UPON    REAL    ESTATE    INTERESTS.  9 

must  originate  with  the  department  concerned^  and  must  be 
adopted  or  rejected  by  the  Municipal  Assembly  without 
amendment.  But  except  where  the  power  to  make  new  rules, 
regulations  and  ordinances  is  expressly  conferred  on  a  de- 
partment, the  power  to  do  so  is  in  the  Municipal  Assembly; 
and  so  is  the  power  to  repeal  them.     (Sec.  47.) 

riarkets,  parks,  parkways,  boulevards,  driveways, 
bridges,  ferries,  tunnels  under  streams  only,  docks, 
wharves,  piers — acquiring  land  for  said  purposes, 
public  buildings,  school  houses,  sites  therefor. — The 
power  to  provide  by  ordinance  for  all  these  is  in  the 
Municipal  Assembly.     (Sec.  48.)     So  is  the  power  to 

Regulate  the  use  of  streets,  highways,  roads,  public 
places  and  sidewalks  ;  and  the  temporary  occupation  of 
them  for  erecting  and  repairing  a  building  on  an  adjoining 
lot  ;  and  the  erection  of  booths  and  stands  within  stoop  linesy 
but  only  for  the  sale  of  newspapers^  periodicals^  fruits  and 
soda  water ^  and  only  with  the  consent  of  the  adjoining  owner. 
(Sec.  49.) 

Regulate  the  opening  of  street  surfaces  ;  the  numbering 
of  houses,  and  naming  of  streets  (but  you  can't  change  a 
number  or  a  name  between  May  ist  and  December  ist) ;  the 
use  of  streets  and  sidewalks  for  signs,  sign-posts,  awnings, 
awning-posts,  horse  troughs,  urinals,  telegraph  posts  and 
other  purposes.  To  regulate  pavements,  cross-walks,  curbs, 
gutters,  sidewalks  ;  and  banners  or  placards  or  flags  across 
streets,  or  from  houses  or  other  buildings  ;  and  advertise- 
ments, or  hand-bills  along  the  streets  ;  and  in  relation  to 


10  BEARING    OF   THE    CHARTER 

public  fountains  ;  and  to  places  of  public  amusement ;  also 
to  vaults,  cisterns,  areas,  hydrants,  sewers  and  pumps  ;  and 
partition  walls  and  fences  ;  also  in  relation  to  bone  boiling, 
fat  rendering  and  other  noxious  businesses. 

To  regulate  the  fees  for  searches  and  certificates  to  be 
charged  by  the  collector  of  assessments  and  arrears. 

For  all  these  you  must  apply  to  the  Municipal  Assembly, 
or  to  the  ordinances  which  it  may  enact  to  regulate  them, 
as  it  has  the  power  under  Sec.  49. 

Court  houses. — Many  court  rooms  are  needed  not  only 
for  the  courts  of  record,  but  for  the  city  magistrates  and 
police  justices  all  over  the  city.  It  takes  two-thirds  of  all 
the  members  elected  to  each  house  to  pass  a  resolution  assign- 
ing any  such  place.     (Sec.  53.) 

Commissioners  of  deeds  are  to  be  appointed  by  the 
Board  of  Aldermen  alone.     (Sec.  58.) 

Franchises  can  only  be  granted  by  ordinance.     (Sec.  72.) 

Inalienable. — The  rights  of  the  city  in  and  to  its  water 
front,  ferries,  wharf  property,  land  under  water,  public 
landings,  wharves,  docks,  streets,  avenues,  parks,  and  all 
other  public  places  are  inalienable  ;  they  can  not  hereafter 
be  sold  nor  given  nor  granted  away.     (Sec.  71.) 

No  franchise  for  more  than  twenty=five  years  can  be 
granted  hereafter  to  use  streets,  avenues,  parkways  or 
highways  ;  but  it  may  contain  a  clause  for  renewals  for 
not  more  than  twenty-five  years  all  told  at  fair  re-valua- 
tions ;  and  may  provide  for  the  "plant"  to  become  the 
property  of  the  city  at  the  end  of  the   franchise  without 


UPON    REAL   ESTATE   INTERESTS.  n 

.further  compensation  to  the  grantee  ;  or  that  the  city  may- 
buy  It  at  a  fair  valuation  [leaving  out  the  value  of  the 
franchise].     (Sec.  73.) 

Before  granting  a  franchise  to  use  any  street,  avenue, 
parkway  or  highway,  the  whole  grant,  with  rates,  fares  and 
charges  must  be  published  twenty  days,  and  it  must  be 
voted  for  by  at  least  three-fourths  of  all  the  members 
elected  to  each  branch  of  the  Municipal  Assembly  and 
approved  by  the  Mayor  ;  it  takes  a  vote  of  five-sixths  of 
all  the  members  elected  to  each  branch  to  pass  such  a  grant 
for  renewal  or  extension  over  his  veto.     (Sec.  74.)* 

Old  buiidings  and  parcels  of  land  no  longer  needed 
for  public  use  may  be  disposed  of  by  the  city,  on  approval 
by  the  Sinking  Fund  Commissioners,  at  public  sale. 

Grants  to  city  of  lands  under  water The  city  has 

control  of  the  water  front  of  the  entire  city  (subject  to  the 
rights  of  private  owners  of  property)  and  power  to  acquire 
and  construct  wharves  and  docks  and  everything  necessary 
or  proper  in  aid  of  commerce.  And  the  charter  grants  in 
fee  to  the  city  all  the  rights  of  the  State  of  New  York  to 
any  and  all  lands  under  water  in  all  the  rivers  and  waters 
in  and  around  the  city,  and  the  right  to  fill  in.  (Sec.  83.) 
And  the  city  can  not  sell   any  of   this  property,  but  must 

[*NoTE. — Sec.  77  of  the  Charter  says  that  Section  93  of  Chapter  565  of  the 
LawsoflBdO,  and  amendments  thereto,  shall  not  apply  to  grants  under  this 
title.  That  Chapter  565  is  the  General  Railroad  Law  of  the  State,  and  Sec.  93 
relates  to  the  sale  at  auction,  to  the  highest  bidder,  of  the  franchise  to  use  any 
street,  avenue  or  park  for  a  railroad.  As  before  stated^  this  is  not  to  apply  to 
the  new  city  of  New  York.'\ 


12  BEARING    OF   THE    CHARTER 

hold  it  all  in  perpetuity.  But  the  city  can  lease  it  from  time 
to  time,  like  other  property.     (Sec.  84.) 

Private  rights  of  owners  of  shore  property,  docks 
and  piers,  could  not  be,  and  are  not,  taken  away  by  this 
grant  to  the  city.     (Sec.  85.) 

No  patent  of  land  under  water  can  hereafter  be 
granted  except  to  the  city,  or  to  the  riparian  proprietor  (of 
the  adjoining  upland.)  If  the  city  wants  it,  compensation 
must  be  made  to  the  riparian  proprietor  for  his  rights.  All 
such  matters  in  each  case  may  be  judicially  determined  in 
an  action  in  court  brought  by  the  city.     (Sec.  86.) 

riayor. — The  executive  power  of  The  City  of  New  York 
is  vested  in  the  Mayor,  as  chief  executive,  and  in  the 
officers  of  the  departments.  The  Mayor  can  not  be  re- 
elected for  the  next  term  after  the  expiration  of  his  term. 
(Sec.  94.) 

Administrative  departments. — There  are  eighteen  ad- 
ministrative departments  ;  six  of  them  being  represented 
in  the  Board  of  Public  Improvements.  As  directly  or  in- 
directly real  estate  interests  are  affected  by  each  of  them, 
we  will  enumerate  them  as  they  are  stated  in  Sec.  96  of  the 
charter. 

Department  of  Finance. 

Law  Department. 

Police  Department. 

Represented  in  the  Board  of  Public  Improvements  : 

1.  Department  of  Water  Supply. 

2.  Department  of  Highways. 


UPON    REAL   ESTATE    INTERESTS.  13 

3.  Department  of  Street  Cleaning. 

4.  Department  of  Sewers. 

5.  Department    of   Public  Buildings,    Lighting  and 

Supplies, 

6.  Department  of  Bridges. 
Department  of  Parks. 
Department  of  Buildings. 
Department  of  Public  Charities. 
Department  of  Correction. 
Fire  Department. 
Department  of  Docks  and  Ferries. 
Department  of  Taxes  and  Assessments. 
Department  of  Education. 
Department  of  Health. 

The  Comptroller  is  the  head  of  the  Department  of 
Finance. 

The  Corporation  Counsel  is  the  head  of  the  Law  De- 
partment. 

The  Police  Board  of  four  Police  Commissioners  consti- 
tutes the  head  of  the  Police  Department.  There  are  over 
7,000  policemen. 

The  President  of  the  Board  of  Public  Improvements 
is  the  head  of  that  Board. 

The  Commissioner  of  Water  Supply  is  the  head  of  that 
department. 

The  Commissioner  of  Highways, 

The  Commissioner  of  Street  Cleaning, 


14  BEARING    OF   THE    CHARTER 

The  Commissioner  of  Sewers,  with  700  miles  of  sewers 
in  charge, 

The  Commissioner  of  Public  Buildings,  Lighting  and 
Supplies,  and 

The  Commissioner  of  Bridges  are  the  heads  of  those 
departments,  respectively.     (Sec.  100.) 

The  Park  Board,  consisting  of  three  Commissioners  of 
Parks,  constitutes  the  head  of  the  Department  of  Parks. 
There  are  about  5,000  acres  of  parks. 

The  Board  of  Buildings,  consisting  of  three  Commis- 
sioners of  Buildings,  constitutes  the  head  of  the  Depart- 
ment of  Buildings.  There  are  about  170,000  dwellings 
churches,  and  business  houses. 

The  Board  of  Public  Charities,  consisting  of  three  com- 
missioners of  charities,  constitute  the  head  of  that  depart- 
ment. 

The  Commissioner  of  Correction  is  the  head  of  that  de- 
partment. 

The  Fire  Commissioner  is  the  head  of  the  Fire  Depart- 
ment.    There  are  over  2,000  paid  firemen. 

The  Board  of  Docks,  consisting  of  three  commissioners 
of  docks,  constitutes  the  head  of  the  Department  of  Docks 
and  Ferries.     There  are  75  miles  of  wharfage. 

The  Board  of  Taxes  and  Assessments,  consisting  of  a 
president  and  four  other  commissioners  of  taxes  and  assess- 
ments, constitutes  the  head  of  that  department. 

The  Board  of  Education,  consisting  of  nineteen  mem- 
bers, constitutes  the  head  of  the  Department  of  Education. 


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UPON    REAL    ESTATE    INTERESTS.  15 


The  Board  of  Health,  consisting  of  the  President  of  the 
Police  Board,  the  Health  Officer  of  the  port,  and  three 
Health  Commissioners,  constitutes  the  head  of  the  Health 
Department.     (Sec.  109.) 

Erection  or  repair  of  any  city  building  is  to  be  super- 
intended by  a  board  or  commission  the  members  of  which 
are  to  be  appointed  by  the  Mayor.     (Sec.  118.) 

Any  lease  of  property  leased  to  the  city,  authorized  by 
the  Commissioners  of  the  Sinking  Fund,  shall  be  entered 
into  by  the  Comptroller. 

The  assent  of  the  Comptroller  shall  be  necessary  to  all 
agreements  made  by  any  city  officer  or  department  for  the 
purchase  of  any  real  estate  or  easement  therein  that  involves 
payment  by  the  city  ;  and  the  Comptroller  must  have  thirty 
days'  notice  of  every  confirmation  of  an  award  requiring 
the  city  to  pay  for  acquiring  real  estate  for  the  city. 

Bureaus  of  the  Finance  Department ;  of  these  there 
shall  be  five  : 

1.  One  for  management  of  the  markets,  and  collection 
of  rents,  interest  and  revenue,  to  be  known  as  the  Bureau 
for  the  Collection  of  City  Revenue  and  Markets. 

2.  The  Bureau  for  the  Collection  of  Taxes,  whose  chief 
officer  is  the  Receiver  of  Taxes. 

3.  The  Bureau  for  Collection  of  Assessments  and  Arrears. 

4.  The  Auditing  Bureau. 

5.  The  Bureau  for  receiving  and  taking  care  of  the  city's 
money  and  for  payment  of  the  Comptroller's  warrants,  the 
chief  officer  of  which  is  the  Chamberlain. 


l6  BEARING    OF   THE    CHARTER 

The  bonds  of  the  Receiver  of  Taxes,  and  the  Collector 
of  Assessments  and  Arrears,  to  the  amount  of  $25,000  each, 
are  liens  on  their  real  estate  and  that  of  their  bondsmen, 
respectively.     (Sec.  152.) 

Offices  for  receipt  of  taxes  and  assessments  are  to  be  in 
each  borough,  Brooklyn,  The  Bronx,  Manhattan,  Queens 
and  Richmond  ;  and  all  taxes,  assessments  and  arrears  on 
property  in  each  borough  are  to  be  paid  at  those  re- 
spective offices.     (Sec.  157.) 

Assessment  lists  are  to  be  filed  in  the  Comptroller's 
office,  all  of  them  in  detail,  with  the  date  of  confirmation 
and  the  date  of  entry  in  such  record.     (Sec.  159.) 

An  assessment  becomes  a  lien  immediately  upon  its 
entry  in  that  record  /;/  the  Comptroller  s  office.  If  the  prop- 
erty is  in  any  other  borough  than  Manhattan,^  copy  of  the 
list  is  to  be  filed  m  the  office  of  the  collector  of  assess- 
ments for  that  borough.  (But  remember,  it  is  a  lien  from 
the  time  the  original  is  filed  in  the  Comptroller's  office.) 
A  list  for  the  borough  of  Manhattan  is  not  copied,  but 
stays  there  in  the  Comptroller's  office.     (Sec.  159.) 

Markets,  for  farmers  and  market-gardeners,  and  a  gen- 
era, market,  are  set  apart  at  Gansevoort  and  Washington 
streets  and  Tenth  and  Thirteenth  avenues  by  Sec.  163. 

Bonds  for  ten  dollars  each  can  be  issued  by  The  City  of 
New  York,  and  preference  is  to  be  given  to  applicants  for 
the  smallest  amounts  and  smallest  denominations  of  bonds, 
hereafter.     (Sec.  171.) 

City  property,  how  sold  or  leased — The  Commissioners 


UPON    REAL   ESTATE    INTERESTS. 


17 


of  the  Sinking  Fund  have  the  power  to  sell  or  lease,  for 
the  highest  price,  or  rent,  at  auction  or  by  sealed  bids,  only 
after  advertisement  and  appraisal,  any  city  property  (ex- 
cept parks,  wharves,  piers,  and  land  under  water)  :  no  lease 
to  be  for  more  than  ten  years,  and  with  one  renewal  of  not 
more  than  ten  years. 

riarket  property  (except  Sixteenth  street  and  Avenue  C, 
Gouverneur  Slip  and  Old  Slip  markets)  can  only  be  sold 
or  leased  for  markets.     (Sec.  205.) 

Sinking  Fund — The  Sinking  Fund  of  The  City  of  New 
York  is  created  by  Sees.  206  to  216. 

Leases  to  the  city,  for  use  by  the  city  for  its  purposes, 
must  be  first  presented  to  the  Sinking  Fund  Commissioners, 
upon  a  report  of  the  Comptroller  of  all  the  facts  relating  to 
such  piece  of  property  and  his  opinion  in  regard  to  the 
proposed  lease.     (Sec.  217.) 

Lands  may  be  ceded  to  U.  S.  Government  to  improve 
Harlem  River  by  the  Commissioners  of  the  Sinking  Fund, 
or  by  the  Municipal  Assembly  ;  that  is,  all  the  estate,  right, 
title,  and  interest  of  The  City  of  New  York  in  such  lands  as 
may  be  required  for  that  purpose.  (Sec.  218.)  The  lands 
in  this  city  now  owned  by  the  United  States  Government 
are  worth  over  $30,000,000. 

School  buildings  and  lots  no  longer  needed  for  school 
purposes  may  be  sold  at  auction  by  the  Sinking  Fund 
Commissioners,  upon  application  of  the  Board  of  Educa- 
tion. (Sec.  220.)  There  are  over  300  school  buildings, 
and  over  200,000  scholars,  with  7,500  teachers. 


i8  BEARING    OF   THE    CHARTER 

Taxes  when  Sinking  Fund  is  not  sufficient  to  meet 
bonds  falling  due  may  be  increased  to  an  amount  sufficient 
to  pay  the  bonds  off.  (Sec.  228.)  It  is  to  be  hoped  that 
this  power  will  be  used  wisely,  and  that  bonds  falling  due 
will  be  extended  or  renewed,  and  that  posterity  may  be 
called  on  to  share  some  of  the  hundreds  of  permanent  im- 
provements, rather  than  that  we  of  to-day  should  have  too 
high  a  tax  rate. 

Taxes  are  levied  and  raised  under  Sections  247,  248 
and  249.  The  Comptroller  submits  an  estimate  to  the 
Municipal  Assembly  four  weeks  before  its  annual  meeting, 
for  the  purpose  of  levying  the  taxes.  The  Municipal  As- 
sembly fixes  the  amount,  and  then  adds  ''for  deficiencies" 
not  over  three  per  cent,  of  the  aggregate  amount.  The 
total  is  about  $70,000,000  every  year.     It  will  increase. 

Corporation  Counsel. — All  legal  proceedings  in  opening, 
widening,  altering  and  closing  streets,  and  in  acquiring  real 
estate  for  the  city  by  condemnation  proceedings,  and  the 
preparation  of  all  leases,  deeds,  contracts,  bonds,  and  other 
legal  papers  of  the  city  or  any  department,  shall  be  in 
charge  of  and  conducted  by  the  Corporation  Counsel,  and 
he  shall  approve  as  to  form  all  such  contracts,  leases,  deeds, 
bonds  and  other  legal  papers.     (Sec.  255.) 

A  Bureau  of  Street  Opening, 

A  Bureau  for  Recovery  of  Penalties, 

A  Bureau  for  Collection  of  Arrears  of  Personal  Taxes, 
are  to  be  established  by  the  Corporation  Counsel,  with  such 


UPON    REAL    ESTATE    INTERESTS.  19 

other  bureaus  as  he  may  deem  necessary,  (Sees.  258  to 
260.) 

Claims  against  the  city  can  not  be  sued  for  unless  the 
demand  or  claim  was  presented  to  the  Comptroller  at  least 
thirty  days  before  the  suit  is  begun,  and  he  refused  or  ne- 
glected to  adjust  or  pay  it.     (Sec.  261.) 

Supreme  Court  has  exclusive  jurisdiction  of  all  actions 
against  the  city.     (Sec.  262.) 

The  Police  Department  of  the  new  city  is  governed  by 
Sees.  270  to  371.  It  has  been  made  too  powerful.  In  the 
course  of  time  the  citizens  are  likely  to  lose  their  individu- 
ality and  their  rights. 

The  Police  Department  is  to  co=operate  with  the 
Board  of  Health,  and  policemen  are  to  arrest  for  violation 
of  the  rules  of  the  Board  of  Health.  (Sees.  310,  311.) 
This  affects  real  estate  owners,  because  many  of  the  or- 
dinances and  rules  of  the  latter  Board  relate  to  Tenement 
and  Lodging  Houses^  Sees.  1304  to  1325,  as  well  as  to 
Nuisances,  Sees.  1287  to  1298,  and  to  other  similar  matters. 

Steam  boilers  must  be  inspected  by  the  police  annually. 
(Sec.  342.) 

Boroughs. — Each  of  the  five  boroughs  has  its  own  Pres- 
ident, elected  in  his  own  borough,  at  the  same  election  with 
the  Mayor  of  the  city,  and  holding  his  office  four  years. 
(Sec.  382.)  He  is  a  member  of  the  local  board  of  every  dis- 
trict of  local  improvements  in  his  borough.  (Sec.  383.)  And 
calls  all  meetings  of  the  various  local  boards  ;  and  certifies 


20  BEARING    OF   THE    CHARTEi. 

all  resolutions,  proceedings  and  determinations  of  the  local 
boards  of  local  improvements  in  his  borough.     (Sec.  384.) 

Districts  of  Local  Improvements. — There  are  twenty- 
two  such  districts,  corresponding  in  boundaries  to  the  ex- 
isting senatorial  districts  situated  in  whole  or  in  part 
within  The  City  of  New  York.  They  are  to  be  named  or 
numbered  by  the  Municipal  Assembly  after  January  ist, 
1898,     (Sec.  390.) 

The  Local  Board  is  in  each  district  of  local  improve- 
ments ;  its  jurisdiction  is  confined  to  those  subjects  or 
matters,  in  its  own  district,  the  costs  and  expenses  of  which 
are  in  whole  or  in  part  a  charge  upon  the  people  or  prop- 
erty of  that  district  or  of  a  part  of  it.  The  Local  Board 
consists  of  the  president  of  the  borough  and  of  each  mem- 
ber of  the  Municipal  Assembly  who  is  a  resident  of  such 
local  improvement  district,  (and  if  he  moves  out  of  the 
district  he  ceases  to  be  a  member  of  that  local  board). 

The  charter  does  not  explicitly  say  so,  but  it  is  probably 
true  that  if  he  moves  into  another  local  improvement  dis- 
trict he  becomes  at  once  a  member  of  the  local  board  of 
the  latter. 

If  any  of  the  local  improvements  over  which  a  local 
board  has  power  happen  to  be  in  more  than  one  local  im- 
provement district,  the  members  of  the  local  boards  in  all 
the  districts  which  the  improvement  affects,  together  con- 
stitute the  local  board  for  that  particular  improvement. 
(Sec.  391.) 

Powers  of  a  local  board. — A    local   board    shall    have 


UPON    REAL    ESTATE    INTERESTS.  21 

power  in  all  cases  where  the  cost  of  improvement  is  to  be 
met  in  whole  or  in  part  by  assessments  upon  the  property 
benefited,  to  recommend  that  proceedings  be  initiated  to 
open,  close,  extend,  widen,  grade,  pave,  regrade,  repave, 
and  repair  streets,  avenues  and  public  places,  and  to  con- 
struct lateral  sewers  within  the  district ;  to  flag  or  reflag, 
curb  or  recurb  sidewalks,  to  relay  cross-walks,  to  set  or  re- 
set lamps,  and  to  provide  signs  designating  names  of  streets. 
A  local  board  has  a  few  other  powers,  to  listen  to  com- 
plaints and  to  pass  resolutions.     (Sec.  393.) 

rieetings  of  each  local  board  shall  be  held  in  the  main 
hall  or  public  building  of  the  borough,  whenever  called  by 
the  president. 

A  quorum  of  a  local  board  is  constituted  by  the  presi- 
dent and  one  other  member.     (Sec.  394.) 

Local  improvement.     How  bring  it  about. 

Send  in  a  petition  to  the  president  of  the  borough. 

He  must  appoint  a  time  for  a  meeting  of  the  proper  local 
board,  not  more  than  fifteen  days  thereafter. 

He  must  publish  in  the  "City  Record,"  at  least  ten  days 
before  that  meeting,  a  notice  when  it  will  be  held,  and  that 
the  petition  is  on  file  in  his  office  for  inspection.     (Sec.  400.) 

Then  the  local  board,  after  consideration  of  the  petition, 
may  recommend  that  proceedings  be  initiated  to  open,  to 
close,  to  extend,  to  widen,  to  regulate,  to  grade,  to  curb,  to 
gutter,  to  flag,  and  to  pave  streets,  to  lay  crosswalks,  and 
to  construct  lateral  sewers  within  its  district,  and  generally 


22  BEARING   OF   THE    CHARTER 

for  such  other  improvements  in  and  about  such  streets  as 
the  public  wants  and  convenience  of  the  district  shall  re- 
quire.    (Sec.  401.) 

Then  the  local  board  shall  forthwith  transmit  a  copy 
of  its  resolution  recommending  the  improvement,  to  the 
Board  of  Public  Improvements  (see  page  27,, post)  and  if 
the  latter  board  thinks  it  ought  to  be  proceeded  with,  it 
shall  go  on  with  it  in  the  regular  routine  of  said  Board  of 
Public  Improvements.    (See  413  to  422,  pages  23  to  26, post.) 

The  expense  of  all  such  improvements  shall  be  assessed, 
and  be  a  lien  on  the  property  benefited  in  proportion  to  the 
amount  of  benefit,  and  in  no  case  shall  extend  beyond  the 
limits  of  said  district.     (Sec.  402.) 

The  local  board  has  power,  apparently  without  petition^ 
to  cause  the  flagging  or  reflagging  of  sidewalks,  laying  or 
relaying  of  crosswalks,  fencing  vacant  lots,  digging  down 
lots  or  filling  in  sunken  lots  within  its  district,  by  resolu- 
tion approved  by  the  Board  of  Public  Improvements.  After 
such  public  work  or  improvement  is  authorized,  the  Board 
of  Public  Improvements  attends  to  it  and  goes  ahead  with 
it,  as  in  case  of  similar  work  authorized  after  petition. 
(See  Sees.  413  to  422,  pages  23  to  26, post.) 

But  the  Board  of  Public  Improvements  has  power  to  order 
and  authorize  any  of  these  local  improvements  without 
action  by  the  local  board. 

And  no  local  board  can  incur  any  expenditures  (by  The 
City  of  New  York)  other  than  as  authorized  by  the  Board 
of  Estimate  and  Apportionment.     (Sec.  404.) 


UPON    REAL    ESTATE    INTERESTS.  23 

Board  of  Public  Improvements — This  board  is  consti- 
tuted by  combining  the  Mayor,  Corporation  Counsel,  Comp- 
troller, the  commissioners  of  water  supply,  highways,  street 
cleaning,  sewers,  public  buildings,  lighting  and  supplies, 
and  bridges,  and  the  presidents  of  the  boroughs,  together 
with  a  President  of  the  Board  of  Public  Improvements  (ap- 
pointed by  the  Mayor),  seventeen  in  all ;  but  the  Mayor, 
Corporation  Counsel,  Comptroller  and  borough  presidents 
don't  count  in  making  up  a  quorum  ;  and  a  Borough  Presi- 
dent cannot  vote  except  upon  matters  relating  exclusively 
to  his  own  borough.  (Sec.  410.)  A  majority  of  the  re- 
maining nine  members,  that  is  five,  constitute  a  quorum. 
This  board  must  meet  at  least  once  a  week.     (Sec.  412.) 

Any  public  v^ork  in  the  department  of  any  commis- 
sioner who  is  a  member  of  this  board,  that  may  be  the  sub- 
ject of  a  contract,  must  first  be  approved  by  this  Board  of 
Public  Improvements,  and  by  the  Municipal  Assembly. 

No  work  involving  assessment  for  benefit,  shall  be 
authorized  by  the  Board  of  Public  Improvements  until  there 
has  been  submitted  to  it  a  written  estimate  of  the  cost 
and  the  assessed  value,  on  the  last  tax-roll,  of  the  real  es- 
tate to  be  assessed.     (Sec.  413.) 

The  ilunicipal  Assembly  can  not  enter  directly  into 
any  contract  whatever  for  any  public  work  or  improve- 
ment. There  must  first  be  a  report  by  the  Board  of  Public 
Improvements;  and  if  that  be  unfavorable,  it  takes  a  vote 
of  five-sixths  of  both  houses,  and  the  Mayor's  approval,  to 
pass  it.     (Sec.  414.) 


24  BEARING    OF    THE    CHARTER 

Powers  of  Board  of  Public  Improvements: 

1.  Adoption  of  a  map  or  plan  for  any  part  of  the  city  not 
yet  mapped. 

2.  Acquiring  title  to  land  for  parks,  streets,  bridges,  and 
tunnels. 

3.  Acquiring  title  to  land  for  sewers. 

4.  Approval  of  plans  for  sewerage  and  drainage. 

5.  Construction,  repairing  and  cleaning  sewers  and 
drains. 

6.  Repairs  of  pavements  and  readjusting  grades  of  streets 
in  connection  therewith. 

7.  Water  rents  and  contracts  for  water  supply  with  pri- 
vate companies  or  other  municipalities. 

8.  Any  public  work  provided  for  in  the  tax  levy  or  by 
issue  of  bonds.  But  in  issuing  bonds  for  repairing  streets, 
the  Municipal  Assembly  can  designate  the  boroughs  where 
the  money  is  to  be  expended.     (Sec.  415.) 

Ordinances  to  be  prepared  by  Board  of  Public  Im- 
provements.— This  board  has  to  prepare  and  recommend 
to  the  Municipal  Assembly  all  ordinances  regulating  many 
matters  which  affect  real  estate,  as  follows: 

1.  Laying  water  pipes  ;  making  all  attachments  thereto, 
and  extending,  constructing^  and  repairing  the  waterworks. 

2.  Regulating,  grading,  curbing,  guttering,  flagging  and 
paving  streets,  laying  crosswalks,  constructing,  reconstruct- 
ing and  repairing  streets,  making  all  excavations  in  streets 
for  public  purposes,  prescribing  width  of  sidewalks,  and 
regulating  manner  of  constructing  and  laying  sidewalks. 


UPON    REAL    ESTATE    INTERESTS. 


25 


3.  Encroachments  upon  and  obstructions  in  the  streets, 
and  authorizing  and  requiring  their  removal. 

4.  The  use  of  streets  and  sidewalks  for  signs,  sign-posts, 
awnings,  awning-posts,  horse-troughs,  urinals,  telegraph- 
posts  and  other  purposes. 

5.  The  exhibition  of  handbills  or  advertisements  along 
the  streets. 

6.  Construction,  repair  and  use  of  vaults,  cisterns,  areas, 
hydrants  and  pumps. 

7.  Construction  and  repair  of  public  markets. 

8.  Preservation  and  protection  of  any  and  all  of  the 
waterworks,  to  ensure  pure  and  wholesome  water. 

9.  Cleaning  and  sprinkling  streets,  and  the  use  of  streets 
and  sidewalks  for  building  purposes,  and  for  all  other  tem- 
porary or  business  purposes. 

10.  Laying  gas  pipes,  electric  wires,  steam  pipes,  pneu- 
matic tubes  ;  and  lighting  all  public  places  and  streets  ; 
and  inspecting  gas  or  electricity  and  meters  for  both,  and 
all  electric  wires  ;  and  the  opening  of  streets  to  lay  pipes, 
wires  and  tubes. 

11.  Erecting,  extending  and  repairing  public  buildings 
(other  than  school  houses,  alms  houses,  penitentiaries,  and 
police  and  fire  station  houses). 

12.  The  rates  of  fare  on  the  Brooklyn  Bridge,  and  on 
any  other  bridges. 

13.  Making  all  contracts  for  public  work  or  supplies. 
(Sec.  416.) 


26  BEARING    OF   THE    CHARTER 

Rules  and  plans  maybe  prescribed  by  the  Board  of 
Public  Improvements  for  regulating,  grading,  curbing,  gut- 
tering, also  for  crosswalks  and  sidewalks  throughout  the 
city.     (Sec.  418.) 

Every  piece  of  work  or  Job,  the  several  parts  of  which 
cost  together  over  $1,000,  must  be  by  contract  established 
by  ordinance  or  resolution  of  the  Municipal  Assembly,  and 
advertised  in  the  City  Record,  and  awarded  to  the  lowest 
bidder.  However,  the  head  of  a  department  may  reject 
all  bids.  And  a  majority  of  the  Board  of  Public  Improve- 
ments of  whom  the  Mayor  and  Comptroller  shall  be  two, 
may  award  a  contract  to  a  bidder  not  the  lowest.    (Sec.  419.) 

Assessments  for  local  improvements  are  laid  as  di- 
rected by  Sec.  422. 

Comptroller  is  to  pay  contractors  as  directed  in  Sec. 

423. 

No  contractor  can  be  let  off  from  a  fine  or  penalty, 

nor  can  his  time  be  extended^  except  by  the  unanimous  vote 
of  the  Board  of  Public  Improvements.     (Sec.  424.) 

The  maps  or  plans  of  the  old  city,  and  of  the  23rd  and 
24th  wards,  and  of  Brooklyn  and  Long  Island  City,  here- 
tofore laid  out  and  adopted  as  permanent,  shall  remain  the 
maps  or  plans  of  the  new  city  so  far  as  they  cover  its 
territory,  and  be  deemed  final  and  conclusive  as  to  location^ 
width  and  grade  of  streets  (so  far  as  heretofore  adopted). 
(Sec.  432.) 

Map  is  to  be  completed  by  the  President  of  the  Board 
of  Public  Improvements  as  required  by  Sec.  433.     And  if 


UPON   REAL   ESTATE   INTERESTS. 


27 


he  is  slow  about  it   he  may  be  required  to  complete  the 
whole  or  any  part  within  a  fixed  time.     (Sec.  434.) 

Whenever  any  street  in  The  City  of  New  York  shall 
have  been  used  as  such  for  upwards  of  twenty  years  without 
having  its  grade  established  by  law,  the  level  or  surface  of 
such  street  as  so  used  shall  be  deemed  to  be  and  to  have  been 
the  grade  thereof.     (Sec.  433.) 

This  section  is  going  to  make  trouble.  Some  will  claim 
that  it  cannot  be  used  for  twenty  years  as  a  street  in  *' The 
City  of  New  York  "  before  the  arrival  of  January  ist,  1918. 
But  others  will  claim,  and  probably  successfully,  that  some 
old  streets  were  streets  before  there  was  any  new  city 
called  ''  The  City  of  New  York,"  and  they  came  into  the 
new  city  on  January  ist,  1898,  as  streets  already,  and  as 
streets  twenty  years  old,  but  without  any  grade  established 
by  law.     However,  the 

Grade  may  be  changed  and  so  may  the  map  or  plan  of 
the  city,  under  Sec.  436.  But,  of  course,  such  alterations 
will  often  bring  great  expense  upon  the  city. 

flaps  and  plans  are  to  be  filed,  and  maps  and  profiles 
showing  changes,  one  in  the  Register's  office,  one  m  the 
Corporation  Counsel's  office,  and  one  in  the  office  of  the 
Board  of  Public  Improvements.    (Sec.  437.)     So  are 

Drainage  plans,  in  the  same  offices  (Sec.  439),  after 
the  drainage  and  sewer  system  are  completed,  as  directed 
by  Sec.  438. 

The  grade  of  a  street  may  be  raised  for  proper  drain- 
age.    (Sec.  441.) 


28  BEARING    OF   THE    CHARTER 

flain  Offices  of  the  Departments  of  Water  Supply,  High- 
ways, Street  Cleaning,  Sewers,  Public  Buildings,  Lighting 
and  Supplies,  and  Bridges,  shall  be  in  the  borough  of  Man- 
hattan. There  may  be  branch  offices  with  deputy  commis- 
sioners in  the  other  boroughs,  when  appointed  by  the  com- 
missioner of  any  department.     (Sec.  452.) 

*' Street." — The  word  "street"  or  ''streets"  in  this 
charter  includes  "street,  avenue,  road,  alley,  lane,  highway, 
boulevard,  concourse,  public  square  and  public  place,"  or  the 
plurals  thereof  respectively.      (Sec.  462.) 

Water  supply — There  are  325,000,000  gallons  of  water 
consumed  daily,  or  100  gallons  to  every  man,  woman  and 
child.  The  Department  of  Water  Supply  is  under  a  commis- 
sioner of  water  supply,  who  has  control  : 

1.  Of  all  structures  and  property  connected  with  that 
supply,  including  fire  and  drinking  hydrants  and  water 
meters. 

2.  Of  maintaining  the  quality  of  the  water,  and  of  the 
construction  of  works  necessary  to  deliver  it. 

3.  Of  collection  of  water  rents. 

4.  Of  enforcing  regulations  concerning  its  use.  (Sec.  469.) 
The  Department  of  Water  Supply  is  governed  by  the 

rules  laid  down  in  Title  4,  Sees.  468  to  517  of  the  charter. 

Water  rents  are  fixed  by  the  Municipal  Assembly. 
(Sec.  473.) 

rieters  are  governed  as  directed  by  Sec.  475. 

Proceedings  to  acquire  title  to  real  estate  needed  for 
water  supply  must  be  taken  under  Sees.  484  to  508. 


UPON    REAL    ESTATE    INTERESTS.  29 


"  Real   estate  '*   defined.     As    used    in   this    chapter 

(that  is,  chapter  X.  of  the  charter,  which  relates  to  the 
Board  of  Public  Improvements,  and  comprises  Sees.  410  to 
601,)  the  term  "real  estate"  shall  be  construed  to  signify 
and  embrace  all  uplands,  lands  under  water,  the  water  of 
any  lake,  pond  or  stream,  all  water  rights  or  privileges,  and 
any  and  all  easements  and  hereditaments,  corporeal  and  in- 
corporeal, and  every  estate,  interest  and  right,  legal  and 
equitable,  in  lands  or  water,  or  any  privilege  or  easement 
thereunder,  including  terms  for  years,  and  liens  thereon 
by  way  of  judgment,  mortgages  or  otherwise,  and  also  all 
claims  for  damage  to  such  real  estate.  It  shall  also  be 
construed  to  include  all  real  estate  (as  the  term  is  above 
defined)  heretofore  acquired  or  used  for  railroad,  highway 
or  other  purpose,  (providing  the  persons  or  corporations 
owning  such  real  estate,  or  claiming  interest  therein,  shall 
be  allowed  the  perpetual  use,  for  such  purposes,  of  the  same 
or  of  such  other  real  estate  to  be  acquired  for  the  purposes 
of  this  act  as  will  afford  practicable  route  or  location  for 
such  railroad,  highway  or  other  public  purpose,  and  in  the 
case  of  a  railroad  commensurate  with  and  adapted  to  its 
needs  ;  and  provided,  also,  that  such  persons  or  corpora- 
tions shall  not,  directly  or  indirectly,  be  subject  to  expense, 
loss  or  damage  by  reason  of  changing  such  route  or  loca- 
tion, but  that  such  expense,  loss  or  damage  shall  be  borne 
by  the  city.)     (Sec.  484.) 

This  is  a  pretty   good,  broad  definition  of  real   estate. 
Evidently   water   is   sometimes  real    estate ;    in    fact    the 


30  BEARING    OF   THE    CHARTER 

ancient  legal  maxim  is  "'Aqua  cedit  solo,''  water  belongs  to 
or  goes  with  the  land.  You  can't  bring  a  suit  to  recover 
possession  of  a  lake,  or  of  water  only,  but  you  must  bring 
it  for  the  land  that  lies  at  the  bottom,  and  call  it  land  covered 
with  water.  A  right  to  fish  (called  in  law  the  right  of  pis- 
cary) and  a  mill  right,  or  right  to  use  the  overflow  from  a 
dam,  are  examples  of  water  rights  and  privileges. 

An  easement  is  a  liberty,  privilege,  or  advantage  in 
land,  without  profit,  existing  distinct  from  an  ownership  of 
soil ;  thus  the  right  to  use  a  public  highway  is  a  public 
easement;  and  the  right  to  use  a  gateway,  or  a  right  of 
way  for  one  family  over  another's  land,  is  a  private  ease- 
ment. 

A  hereditament  is  anything  that  may  be  inherited  ; 
everything  that  goes  to  an  heir  (it  really  includes  every 
kind  of  interest  in  real  estate) ;  a  piece  of  furniture  which 
is  an  heirloom,  ard  which  by  custom  descends  to  the  heir 
together  with  a  house,  is  a  hereditament.  And  so  is  the 
house. 

A  corporeal  hereditament  is  of  a  material  nature ;  you 
can  perceive  it  by  your  senses  ;  land  is  a  corporeal  heredit- 
ament. 

An  incorporeal  hereditament  is  one  that  is  not  perceived 
by  the  bodily  senses,  such  as  a  right  of  way  in  a  lane,  or 
a  right  to  pasture  cattle  on  a  common. 

An  estate  is  the  condition  or  circumstance  in  which  the 
owner  stands  with  regard  to   his  property  ;    it  is  the  same 


LOCAL  IMPROVEMENT  DISTRICTS 
Borough  of  Brooklyn. 


GH 


UPON    REAL    ESTATE    INTERESTS. 


31 


as  "right,  title  and  interest  "  in  property  ;  it  may  be  an  es- 
tate of  inheritance,  or  an  estate  in  fee  simple,  or  an  estate 
for  life,  or  an  estate  by  the  curtesy  (which  is  the  husband's 
right  to  the  income  of  his  wife's  property  so  long  as  he 
lives  after  her  death,  if  she  made  no  will,  and  if  they  ever 
had  a  child  born  alive),  or  an  estate  for  years,  etc.,  etc. 

A  legal  estate  is  that  kind  of  estate  of  which  the  courts 
of  common  law  will  take  cognizance,  such  as  an  estate  in 
fee  simple  in  an  ejectment  suit. 

An  equitable  estate  is  one  acquired  by  the  operation  of 
equity,  such  as  the  estate  or  title  of  a  ward  for  whose  use- 
lands  are  held  in  trust  by  a  trustee  who  holds  the  legal 
estate  (that  is  the  deed  or  title  to  the  lands  being  in  the 
trustee's  name.) 

A  term  for  years  is  a  limited ^tnod  of  time  for  which  an 
estate  is  granted,  as  under  a  lease  ;  it  is  called  a  term  be- 
cause it  has  a  certain  beginning  and  a  certain  end. 

The  other  words  and  phrases  in  this  definition  of  ''real 
estate  "  in  Sec.  485  explain  themselves.  But  all  the  fore- 
going terms,  and  many  others,  are  fully  explained  in^ 
Van  Siclen's  Guide  to  Buyers  and  Sellers  of  Real  Es- 
tate, and  New  York  Real  Property  Law,  published  by 
the  Record  and  Guide,  14  and   16  Vesey  St.,  New  York.. 

There  are  about  360  square  miles  of  land  in  the  new- 
city  limits,  and  it  is  assessed  at  about  $2,400,000,000,  so> 
that  it  is  fairly  worth  over  $4,000,000,000. 

The  head  of  the  Department  of  Highways  is  the  Com-^ 
3 


3^ 


BEARING    OF   THE    CHARTER 


missioner  of  Highways.     He   shall    have  cognizance  and 
control  of 

1.  Regulating,  grading,  curbing,  flagging  and  guttering 
streets,  and  laying  crosswalks. 

2.  Constructing  and  repairing  public  roads. 

3.  Paving,  repaving,  resurfacing  and  repairing  all  streets  ; 
and  relaying  all  pavements  removed  for  any  cause. 

4.  Laying  or  relaying  surface  railroad  tracks,  form  of 
rail,  etc. 

5.  Filling  sunken  lots,  fencing  vacant  lots,  digging  down 
lots,  and  licensing  vaults  under  sidewalks. 

6.  Recommending  ordinances  relating  to  his  department. 

7.  Removal  of  incumbrances. 

8.  Issue  of  permits  to  builders  and  others  to  use  the 
streets,  but  not  to  open  them.     (Sec.  524.) 

A  permit  from  Department  of  Highways  is  necessary 
before  there  can  be  any  removal  of  the  pavement  or  dis- 
turbance of  the  surface  of  any  street  for  vaults,  cellars, 
buildings,  sewers,  water,  gas,  electric  wires,  or  any  purpose 
whatever.  And  it  must  be  relaid  promptly  and  to  the 
satisfaction  of  the  commissioner,  or  he  can  have  it  done 
over  again,  after  notice  to  you,  and  the  cost  will  be  a  lien 
on  the  property  like  an  assessment.     (Sec.  525.) 

Office  of  Commissioner  of  Street  Improvements  in 
23rd  and  24th  wards  is  abolished.  The  Commissioner 
of  Highways  of  The  City  of  New  York  will  have  all  his 
powers  and  duties  hereafter.  (Sec.  526.)  And  so  will  the 
latter  administer  in  former  Brooklyn,  Long    Island   City 


UPON    REAL    ESTATE    INTERESTS.  33 

Richmond  County,  and  part  of  the  County  of  Queens,  all 
the  powers  and  duties  in  relation  to  regulating,  grading, 
curbing,  guttering,  paving,  laying  crosswalks,  and  filling 
lots,  that  were  exercised  heretofore  by  the  municipal  cor- 
poration of  each  of  said  cities,  and  of  each  town  and  vil- 
lage in  each  of  said  counties.     (Sec.  527.) 

The  Department  of  Street  Cleaning  besides  the  ordi- 
nary and  usual  duties  of  such  a  department,  has  powers 
which  affect  the  rights  of  each  individual  owner  of  real 
estate,  as  laid  down  in  subdivision  2,  Sec.  534,  viz.  :  cog- 
nizance and  control 

'•  2.  Of  the  framing  of  regulations  controlling  the  use  of 
sidewalks  and  gutters  by  abutting  owners  and  occupants 
for  the  disposition  of  sweepings,  garbage,  etc.,  which  reg- 
ulations shall  have  the  force  of  city  ordinances,  and  shall 
be  enforced  by  the  police." 

Private  sewers  may  be  constructed  in  city  streets,  on 
approval  by  the  Commissioner  of  Sewers  and  the  Board  of 
Public  Improvements,  under  the  rules  laid  down  in  Sec.  560. 

The  Commissioner  of  Sew^ers  succeeds  to  the  powers 
and  duties,  in  his  department,  of  the  old  corporations  of 
the  various  cities,  towns  and  villages  consolidated,  includ- 
ing those  of  the  former  Commissioner  of  Street  Improve- 
ments in  the  23rd  and  24th  wards.     (Sees.  565,  566.) 

Public  baths  and  public  urinals  are  to  be  cared  for, 
managed  and  maintained  by  the  Department  of  Public 
Buildings,  Lighting  and  Supplies. 

Testing  gas,  and  gas  meters,  and  electric  meters  and 


34  BEARING    OF   THE    CHARTER 

>] 

electric  lights,  and  meters  for  steam  furnished  for  use  to 
any  person  are  all  in  charge  of  the  Commissioner  of  Public 
Buildings,  Lighting  and  Supplies  hereafter.    (Sec.  575.) 

The  transmission  of  electricity,  gas,  steam,  and 
pneumatic  power,  in,  or  through  any  and  all  streets  and 
public  places,  is  under  the  control  of  said  Commissioner  of 
Public  Buildings,  Lighting  and  Supplies.  (Sec.  573,  sub- 
division 2.) 

Separate  contracts  for  lighting  each  borough  are  to 
be  made  by  the  commissioner.     (Sec.  587.) 

Park  Commissioners  are  to  be  appointed  to  have  ad- 
ministrative jurisdiction,  one  in  the  boroughs  of  Manhat- 
tan and  Richmond,  one  in  the  borough  of  The  Bronx,  and 
one  in  the  boroughs  of  Brooklyn  and  Queens.     (Sec.  607.) 

The  head  of  the  Department  of  Buildings  is  to  be 
called  the  Board  of  Buildings,  which  will  consist  of  three 
commissioners  of  buildings ;  one  is  to  be  appointed  to 
have  administrative  jurisdiction  in  the  boroughs  of  Man- 
hattan and  The  Bronx,  one  in  the  borough  of  Brooklyn, 
and  one  in  the  boroughs  of  Queens  and  Richmond. 
(Sec.  644,) 

Each  commissioner  succeeds  to  the  powers  and  duties 
of  the  Department  of  Buildings,  or  Superintendent  of  Build- 
ings, whose  place  he  takes.     (Sec.  646.) 

The  Board  of  Buildings  can  make  new  rules  and  regu- 
lations.    (Sec.  645.) 

Present  law^s  and  rules  for  construction,  alteration 
or  removal  of  buildings  continue  in  force  in  borough 


UPON    REAL    ESTATE    INTERESTS.  35 

or  locality  until  new  rules  are  made  by  the  Board  of  Build- 
ings. 

A  «<  Building  Code**  is  to  be  provided  by  the  Municipal 
Assembly,  and  when  established  is  to  take  the  place  of  the 
existing  laws.     (Sec.  647.) 

The   present   building   law,   and  regulations   of   the 

building  department,  are  found  in  their  most  convenient 
and  intelligible  form,  fully  analyzed  and  indexed  by  Mr. 
William  J.  Fryer,  in  the  volume  published  in  1897  by  The 
Record  and  Guide,  14-16  Vesey  Street,  New  York  :  ''Laws 
Relating  to  Buildings  in  New  York  City."  This  valuable 
treatise  contains : 

L  The  Building  Law. 

IL  Law  Limiting  Heights  of  Dwelling  Houses.  Law 
Requiring  Temporary  Floorings. 

in.  Regulations  of  the  Building  Department. 

IV.  Tenement  and  Lodging  House  Laws. 

V.  Regulations  of  the  Department  of  Public  Works. 

VI.  Revised  Ordinances  of  the  City  Pertaining  to  Build- 
ings, 

VII.  Laws  Relating  to  Extinction  and  Prevention  of 
Fires,  and  to  Explosives  and  Combustibles  in  Buildings. 

VIII.  State  Factory  Inspection  Law. 

IX.  Mechanics'  Lien  Law  of  1897. 

The  completeness  of  this  treatise  requires  that  the  exact 
text  of  the  new  charter  in  relation  to  the  Department  of 
Buildings  should  be  included  here.      It  is  as  follows: 


36  BEARING    OF   THE    CHARTER 


CHAPTER  XIL 

DEPARTMENT  OF  BUILDINGS^ 


Appointment  of  commissioners;  qualifications;  juris- 
diction; salaries. — Sec.  644.  The  head  of  the  department 
of  buildings  shall  be  called  the  board  of  buildings.  Said 
board  shall  consist  of  three  members  to  be  known  as  com- 
missioners of  buildings.  They  shall  be  appointed  by  the 
mayor  and  shall  hold  their  respective  offices  as  provided  in 
chapter  IV.  of  this  act.  Each  of  said  commissioners  shall 
be  a  competent  architect  or  builder  of  at  least  ten  years' 
experience.  One  of  said  commissioners  shall  be  the  presi- 
dent of  the  board,  and  shall  be  so  designated  by  the  mayor. 
In  appointing  such  commissioners  the  mayor  shall  specify 
the  borough  or  boroughs  in  which  they  are  respectively  to 
have  administrative  jurisdiction,  to  wit :  One  in  the  bor- 
oughs of  Manhattan  and  the  Bronx  ;  one  in  the  borough 
of  Brooklyn,  and  one  in  the  boroughs  of  Queens  and  Rich- 
mond. The  principal  office  of  the  department  of  buildings 
shall  be  in  the  borough  of  Manhattan.  There  shall  be  a 
branch  office  in  the  borough  of  Brooklyn  and  a  branch 
office  may  be  established  in  any  of  the  other  boroughs,  in 
the  discretion  of  the  board.  The  salary  of  the  commis- 
sioner of  buildings  for  the  boroughs  of  Manhattan  and  the 
Bronx,  and  the  salary  of  the  commissioner  of  buildings  for 
the  borough  of  Brooklyn,  shall  in  each  case  be  $7,000  a 
year.  The  salary  of  the  commissioner  of  buildings  for  the 
boroughs  of  Queens  and  Richmond  shall  be  $3,500  a  year. 

Rules  and  regulations. — Sec.  645.  The  board  shall  have 
the  power,  by  a  vote  of  a  majority  of  its  members,  to  es- 


UPON    REAL    ESTATE    INTERESTS.  37 

tablish  general  rules  and  regulations  for  the  administration 
of  the  department,  and  such  other  rules  and  regulations  as 
were  authorized  by  law  at  the  time  of  the  passage  of  this 
act  to  be  established  by  the  superintendent  of  buildings 
in  the  city  of  New  York,  or  by  the  commissioner  of  the 
department  of  buildings  in  the  city  of  Brooklyn,  as  said 
cities  were  formerly  constituted.  Such  rules  and  regula- 
tions shall,  so  far  as  practicable,  be  uniform  in  all  the  bor- 
oughs, but  the  board  shall  have  power,  from  time  to  time, 
to  amend  or  repeal  such  rules  and  regulations  when  in  the 
opinion  of  a  majority  of  the  commissioners  it  shall  seem 
necessary  or  desirable.  The  board  shall  also  have  power 
to  appoint  a  secretary,  and  within  the  limits  of  its  appro- 
priation to  appoint  such  subordinate  officers  as  may  be 
necessary  for  the  proper  conduct  of  the  office  of  the  de- 
partment. 

General  powers  of  commissioners  under  existing 
laws — Sec.  646.  The  commissioner  for  the  boroughs  of 
Manhattan  and  the  Bronx  shall  within  such  boroughs  in 
addition  to  the  powers,  rights  and  duties  expressly  con- 
ferred or  imposed  upon  him  by  this  act  possess  and  exercise 
all  the  powers,  rights  and  duties  and  shall  be  subject  to  all 
the  obligations  heretofore  vested  in,  conferred  upon  or  re- 
quired of  the  department  of  buildings  or  the  superintendent 
of  buildings  in  the  city  of  New  York  as  heretofore  consti- 
tuted, except  in  so  far  as  the  same  are  inconsistent  with  or 
are  modified  by  this  act.  The  commissioner  for  the  borough 
of  Brooklyn  shall  within  such  borough  in  addition  to  the 
powers,  rights  and  duties  expressly  conferred  or  imposed 
upon  him  by  this  act  possess  and  exercise  all  the  powers, 
rights  and  duties,  and  shall  be  subject  to  all  the  obligations 
heretofore  vested  in,  conferred  upon  or  required  of  the  de- 
partment of  buildings  or  the  commissioner  of  the  department 


38  BEARING    OF   THE    CHARTER 

of  buildings  in  the  city  of  Brooklyn  as  heretofore  constituted, 
except  in  so  far  as  the  same  are  inconsistent  with  or  are  modi- 
fied by  this  act.  The  commissioner  for  the  boroughs  of 
Queens  and  Richmond  shall  within  such  boroughs  respect- 
ively in  addition  to  the  powers,  rights  and  duties  expressly 
conferred  or  imposed  upon  him  by  this  act  possess  and  ex- 
ercise all  the  powers,  rights  and  duties  and  shall  be  subject 
to  ail  the  obligations  heretofore  vested  in,  conferred  upon 
or  required  of  any  department,  commission,  board  or  officer 
of  Long  Island  City  as  heretofore  constituted,  or  of  any 
town  or  village  as  heretofore  constituted  which  is  com- 
prised within  that  portion  of  the  county  of  Queens  included 
in  The  City  of  New  York  as  constituted  by  this  act,  or  which 
is  vested  in,  conferred  upon  or  required  of  any  department, 
commission,  board  or  officer  of  any  town  or  village  in  the 
county  of  Richmond  as  heretofore  constituted,  so  far  as 
such  powers,  rights,  duties  and  obligations  concern,  affect 
or  relate  to  the  construction,  alteration  or  removal  of  any 
building  or  structure  erected  or  to  be  erected  within  said 
boroughs  or  either  of  them,  except  in  so  far  as  the  same 
are  inconsistent  with  or  are  modified  by  this  act. 

Continuation  and  repeal  of  existing  laws  ;  building 
code. — Sec.  647.  The  several  acts  in  effect  at  the  time  of 
the  passage  of  this  act  concerning,  affecting  or  relating  to 
the  construction,  alteration  or  removal  of  buildings  or 
other  structures  m  any  of  the  municipal  and  public  cor- 
porations included  within  The  City  of  New  York,  as  con- 
stituted by  this  act,  are  hereby  continued  in  full  force  and 
effect  in  such  municipal  and  public  corporations  respect- 
ively, except  in  so  far  as  the  same  are  inconsistent  with  or 
are  modified  by  this  act,  provided,  however,  that  the 
municipal  assembly  shall  have  power  to  establish,  and 
from  time  to  time  to  amend  a  code  of  ordinances,  to  be 


UPON    REAL    ESTATE    INTERESTS.  39 

known  as  the  Building  Code,  providing  for  all  matters  con- 
cerning, affecting  or  relating  to  the  construction,  alteration, 
or  removal  of  buildings  or  structures  erected  or  to  be 
erected  in  The  City  of  New  York,  as  constituted  by  this  act, 
and  for  the  purpose  of  preparing  such  code  to  appoint  and 
employ  a  commission  of  experts ;  and  provided  further 
that  upon  the  establishment  of  such  code  the  several  acts 
first  above  mentioned  shall  cease  to  have  any  force  or 
effect,  and  are  hereby  repealed,  but  such  repeal  shall  not 
take  effect  until  such  building  code  shall  be  established  by 
the  municipal  assembly  as  herein  provided. 

The  provisions  of  such  building  code  shall  be  in  con- 
formity with  and  be  subject  to  all  general  laws  of  the  state 
concerning,  affecting  or  relating  to  buildings  or  classes  Qf 
buildings,  or  other  structures. 

Duties  of  commissioners;  appointment  and  removal 

of    subordinates Sec.   648.    Each     commissioner    shall, 

within  the  borough  or  boroughs  in  which  he  is  appointed 
to  exercise  administrative  jurisdiction,  have  charge  of  the 
administration  of,  and  it  shall  be  his  duty,  subject  to  and 
in  accordance  with  the  general  rules  and  regulations  estab- 
lished by  the  board,  to  enforce  such  rules  and  regulations 
and  the  provisions  of  this  chapter  and  of  such  ordinances 
as  may  be  established  by  the  municipal  assembly  and  of 
the  laws  relating  to  the  construction,  alteration  or  removal 
of  buildings  or  other  structures  erected  or  to  be  erected 
within  such  borough  or  boroughs.  Each  commissioner 
within  the  limits  of  his  appropriation  shall  have  power  to 
appoint  and  at  pleasure  to  remove  subordinate  officers,  as 
follows :  Such  superintendents  of  buildings,  and  such  in- 
spectors of  buildings,  engineers,  clerks,  messengers,  assist- 
ants and  other  subordinates  as  in  his  judgment  may  be 
necessary  and  proper  to  carry  out  and  enforce  such  rules 


40  BEARING    OF   THE    CHARTER 

and  regulations  and  ordinances  and  the  provisions  of  said 
laws  and  of  this  chapter  within  the  borough  or  boroughs 
under  his  jurisdiction.  The  superintendents  of  buildings 
shall  each  be  a  competent  architect,  engineer  or  builder  of  ■ 
at  least  ten  years'  practice.  The  inspectors  shall  be  com- 
petent men,  either  architects,  engineers,  masons,  carpen- 
ters, plumbers,  or  iron  workers,  who  shall  have  served  at 
least  five  years  as  such.  It  shall  not  be  lawful  for  any  offi- 
cer or  employe  in  the  department  to  be  engaged  in  con- 
ducting or  carrying  on  business  as  an  architect,  civil  engi- 
neer, carpenter,  plumber,  iron  worker,  mason  or  builder 
while  holding  office  in  the  department.  Each  commissioner 
shall  have  power  to  designate  in  writing  one  of  the  superin- 
tendents of  buildings  or  any  of  the  inspectors  so  appointed 
by  him  to  act  on  any  survey  authorized  by  law,  or  to  per- 
form such  other  duties  as  the  said  commissioners  may 
direct.  Each  commissioner  may  designate  a  superintendent 
of  buildings,  who,  during  the  absence  or  inability  of  any- 
such  commissioner  shall  possess  all  the  powers  and  per- 
form all  the  duties  of  such  commissioner.  Any  employe, 
for  any  neglect  of  duty,  or  omission  to  properly  perform 
his  duty,  or  violation  of  rules,  or  neglect  or  disobedience  of 
orders,  or  incapacity,  or  absence  without  leave,  may  be 
punished  by  the  commissioner  appointing  him  by  forfeiting 
and  withholding  pay  for  a  specified  time,  or  by  suspension 
from  duty  with  or  without  pay,  but  this  provision  shall  not 
be  deemed  to  abridge  the  right  of  said  commissioner  to 
remove  or  dismiss  any  inspector  of  buildings  or  other  sub- 
ordinate appointed  by  him  or  by  any  predecessor  in  office 
from  the  service  of  the  department  at  any  time  in  his  dis- 
cretion. 

Decisions  of  commissioners;  appeals — Sec.  649.  Each 
commissioner  shall  have  power  and  it   shall   be  his  duty. 


UPON    REAL    ESTATE    INTERESTS.  41 

subject  to  the  provisions  of  law  and  the  ordinances  of  the 
municipal  assembly  and  the  general  rules  and  regula- 
tions established  by  the  board,  to  pass  upon  any  question 
relative  to  the  mode,  manner  of  construction  or  materials 
to  be  used  in  the  erection  or  alteration  of  any  building  or 
other  structure  erected  or  to  be  erected  within  the  bor- 
ough or  boroughs  under  his  jurisdiction  which  is  included 
within  the  provisions  of  this  chapter  or  of  any  existing  law 
applicable  to  such  borough  or  boroughs  relating  to  the 
construction,  alteration  or  removal  of  buildings  or  other 
structures,  and  to  require  that  such  mode,  manner  of  con- 
struction, or  materials  shall  conform  to  the  true  intent  and 
meaning  of  the  several  provisions  of  this  chapter  and  of 
the  laws  and  ordinances  aforesaid  and  the  rules  and  regu- 
lations established  by  the  board.  Whenever  a  commis- 
sioner to  whom  such  question  has  been  submitted  shall  re- 
ject or  refuse  to  approve  the  mode,  manner  of  construction 
or  materials  proposed  to  be  followed  or  used  in  the  erection 
or  alteration  of  any  such  building  or  structure,  or  when  it  is 
claimed  that  the  rules  and  regulations  of  the  board  or  the 
provisions  of  law  or  of  said  ordinances  do  not  apply  or  that 
an  equally  good  and  more  desirable  form  of  construction 
can  be  employed  in  any  specific  case,  the  owner  of  such 
building  or  structure,  or  his  duly  authorized  agent,  may 
appeal  from  the  decision  of  such  commissioner  to  the 
board  in  any  case  where  the  amount  involved  by  such  de- 
cision shall  exceed  the  sum  of  one  thousand  dollars ;  pro- 
vided, however,  that  in  the  boroughs  of  Manhattan  and  The 
Bronx  such  appeal  shall  be  taken  to  the  board  of  exam- 
iners, established  by  chapter  four  hundred  and  fifty-six  of 
the  laws  of  eighteen  hundred  and  eighty-five  and  the  sev- 
eral acts  amendatory  thereof  or  supplemental  thereto.  The 
commissioner    for    the   boroughs  of  Manhattan   and   The 


42  BEARING    OF   THE    CHARTER 

Bronx  shall  be  ex-officio  a  member  and  the  chairman  of 
said  board  of  examiners.  The  other  members  of  said 
board  of  examiners  shall  be  the  persons  mentioned  and 
described  in  section  thirty-one  of  said  chapter  four  hun- 
dred and  fifty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five.  The  appeal  authorized  by  this  section  maybe 
taken  within  ten  days  from  the  entry  of  a  decision  upon 
the  records  of  the  commissioner  by  filing  with  the  commis- 
sioner rendering  such  decision  and  with  the  secretary  of 
the  board  established  by  this  act  or  with  the  clerk  of  the 
board  of  examiners,  as  the  case  may  be,  a  notice  of  appeal 
stating  specifically  the  questions  which  the  appellant  de- 
sires to  have  passed  upon  by  the  board  of  buildings  or  by 
the  board  of  examiners,  as  the  case  may  be,  and  by  filing 
with  the  secretary  of  the  board  of  buildings  or  the  clerk 
of  the  board  of  examiners,  as  the  case  may  be,  copies  of  all 
papers  required  by  law  or  by  the  rules  and  regulations  of 
the  board  of  buildings  to  be  submitted  to  the  commissioner 
upon  an  application  for  a  building  permit,  and  the  board  of 
buildings  or  the  board  of  examiners,  as  the  case  may  be, 
shall  thereafter  fix  a  day  within  a  reasonable  time  for  the 
hearing  of  such  appeal,  and  upon  such  hearing  the  appellant 
may  be  represented  either  in  person  or  by  his  agent  or 
attorney.  The  decision  of  the  board  of  buildings  or  the 
board  of  examiners,  as  the  case  may  be,  upon  such  appeal, 
shall  be  rendered  without  unnecessary  delay  and  such  de- 
cision shall  be  final. 

Power  to  vary  the  provisions  of  law. — Sec.  650.  Each 
commissioner  shall  have  power,  with  the  approval  of  the 
board,  to  vary  or  modify  any  rule  or  regulation  of  the 
board  or  the  provisions  of  this  chapter  or  of  any  existing 
law  or  ordinance  relating  to  the  construction,  alteration  or 
removal  of  any  building  or   structure   erected    or   to   be 


UPON    REAL    ESTATE    INTERESTS. 


43 


erected  within  his  jurisdiction  upon  an  application  to  him 
therefor  in  writing  by  the  owner  of  such  building  or 
structure  or  his  duly  authorized  agent,  where  there  are 
practical  difficulties  in  the  way  of  carrying  out  the  strict 
letter  of  the  law,  so  that  the  spirit  of  the  law  shall  be  ob- 
served and  public  safety  secured  and  substantial  justice 
done  ;  but  no  such  variation  or  modification  shall  be  granted 
or  allowed  except  by  a  vote  of  a  majority  of  the  board. 
Where  such  application  has  been  filed  with  a  commissioner 
the  owner  of  such  building  or  structure  or  his  duly  author- 
ized agent  shall  have  the  right  to  present  a  petition  to  such 
commissioner  and  the  board,  setting  forth  the  grounds  for 
the  desired  variation  or  modification,  and  may  appear  be- 
fore said  board  and  be  heard.  The  board  shall  fix  a  date 
within  a  reasonable  time  for  a  hearing  upon  such  applica- 
tion and  shall  as  soon  as  practicable  render  a  decision 
thereon,  which  decision  ehall  be  final.  The  particulars  of 
each  such  application  and  of  the  decision  of  the  board 
thereon  shall  be  entered  upon  the  records  of  the  board,  and 
if  the  application  is  granted  a  certificate  therefor  shall  be 
issued  by  the  commissioner  to  whom  the  application  is 
made  and  shall  be  countersigned  by  the  secretary  of  the 
board. 

Accounts  ;  annual  estimates  ;  expenditures Sec.  651, 

Each  commissioner  shall  keep  accurate  and  detailed  ac- 
counts, in  a  form  to  be  approved  by  the  commissioners  of 
accounts,  of  all  moneys  received  and  expended  by  him,  the 
sources  from  which  they  are  received  and  the  purposes  for 
which  they  are  expended,  and  shall  prepare  itemized 
monthly  statements  of  all  receipts  and  expenditures  in 
duplicate,  one  of  which  statements,  together  with  all 
vouchers,  shall  be  filed  with  the  controller,  and  one  of 
which  shall  be  filed  in  his  own  office.     Each  commissioner 


44  BEARING   OF   THE   CHARTER 

shall,  on  or  about  the  first  day  of  September  in  each  year 
prepare  an  itemized  estimate  of  his  necessary  expenses  for 
the  ensuing  fiscal  year  and  present  the  same  to  the  board. 
The  three  estimates  so  prepared  as  revised  by  the  board 
shall  together  constitute  the  annual  estimate  of  the  de- 
partment of  buildings,  and  shall  be  submitted  to  the  board 
of  estimate  and  apportionment  within  the  time  prescribed 
by  this  act  for  the  submission  of  estimates  for  the  several 
departments  of  the  city.  No  commissioner  shall  incur  any 
expense  for  any  purpose  m  excess  of  the  amount  appro- 
priated therefor  ;  nor  shall  he  expend  any  money  so  appro- 
priated for  any  purpose  other  than  that  for  which  it  was 
appropriated. 

Record  of  applications. — Sec.  652.  Each  commissioner 
shall  keep  a  record  of  all  applications  presented  to  him 
concerning,  affecting  or  relating  to  the  construction,  alter- 
ation or  removal  of  buildings  or  other  structures.  Such 
record  shall  include  the  date  of  the  filing  of  each  such  ap- 
plication ;  the  name  and  address  of  the  applicant ;  the 
name  and  address  of  the  owner  of  the  land  on  which  the 
structure  mentioned  in  such  application  is  situated  ;  the 
names  and  addresses  of  the  architect  and  builder  employed 
thereon  ;  a  designation  of  the  premises  by  street  number, 
or  otherwise  sufficient  to  identify  the  same  ;  a  statement  of 
the  nature  and  proposed  use  of  such  structure  ;  and  a  brief 
statement  of  the  nature  of  the  application,  together  with  a 
memorandum  of  the  decision  of  the  commissioner  upon 
such  application  and  the  date  of  the  rendition  of  such  de- 
cision. The  books  containing  such  records  are  hereby 
declared  to  be  public  records,  and  shall  be  open  to  inspec- 
tion at  all  reasonable  times. 

Fire  Department. — The  head  of  the  Fire  Department  is 
the  Fire  Commissioner.     There  are  over  2,000  paid  firemen. 


UPON    REAL    ESTATE    INTERESTS.  45 

Volunteer  Firemen  retained The  members  of  existing 

volunteer  fire  departments  in  the  former  suburban  villages 
and  towns  are  to  be  preferred,  so  far  as  practicable,  for 
appointment  in  the  paid  department.     (Sec.  722.) 

Fire  Hydrants  are  to  be  kept  clear  from  Snow  and  ice 
in  the  street  for  ten  feet  each  side  of  the  hydrant  from  the 
curb  to  the  centre  of  the  street  by  the  owner  or  lessee  of  the 
adjoining  premises;  $10  fine  if  you  don't  do  rt,  besides 
paying  the  expense  of  clearing  it.     (Sec.  750.) 

Pulling  down  buildings  to  prevent  spread  of  fire 

The  Fire  Commissioner  has  power  to  do  this  whenever  he 
judges  it  necessary.  If  it  should  occur,  then  the  value  of 
the  building  is  afterwards  to  be  ascertained  by  a  jury,  and 
paid  to  the  owner  in  the  manner  provided  for  taking  land 
for  public  purposes.     (Sec.  754.) 

Chimney  afire. ^No  matter  what  the  cause,  if  any 
chimney,  stove-pipe  or  flue  takes  fire  the  occupant  of  the 
premises  must  pay  $5  fine.     (Sec.  760.) 

Hoistways,  iron=shutters,  well-holes  and  trap-doors 
must  be  closed  at  the  completion  of  business  each  day  : 
$50  fine  for  every  neglect  or  omission  of  each  occupant 
to  do  so  ;  and  for  any  accident  or  injury  to  life  or  limb 
resulting  from  such  neglect  or  omission,  the  person  cul- 
pable or  negligent  shall  be  liable  7wt  less  than  $1,000  to  the 
person  injured,  and  in  case  of  death  not  less  than  $5,000  to 
his  family  or  relatives.     (Sec.  761. ) 

Places  of  Amusement,  theatres,  and  other  public  build- 
ings, are  to  be  protected  from  fire  as  directed  in  Sec.  762. 


46  BEARING    OF   THE    CHARTER 

Gunpowder  and  other  Explosives  can  only  be  sold,  or 
kept,  in  small  quantities,  and  under  license  from  the  Fire 
Commissioners,  as  prescribed  by  section  763. 

Fireworks  and  Petroleum,  etc.,  also,  as  prescribed  by 
sections  764  to  768. 

Chemicals  and  cotton,  hay  and  other  vegetable  prod- 
ucts very  combustible,  are  governed  by  Sees.  769,  780. 

Right  to  Enter  Buildings — The  Fire  Commissioner  and 
his  officers  and  agents  have  the  right  to  enter  your  house 
and  store  and  any  building  to  examine  whether  any  com- 
bustibles are  stored  there,  and,  if  there  has  been  a  fire,  to 
investigate  its  origin.     (Sees.  771,  780.) 

These  sections  of  the  new  charter,  relating  to  fires  and 
their  extinction,  sections  748  to  783,  doubtless  supersede 
the  sections  of  the  former  Consolidation  Act  (chapter  410, 
sections  446  to  468,  Laws  of  1882,)  relating  to  the  same 
subject. 

Docks,  Piers,  Harbor,  Port  and  Waters. — (Sees.  816 
to  881.) 

Department  of  Docks  and  Ferries — The  head  of  this 
Department    is  the  Board  of  Bocks,  three  Commissioners. 

Repairing,  building,  leasing,  cleaning,  dredging  all 
wharves,  piers,  slips,  docks,  etc.,  are  in  the  exclusive 
charge  of  the  Board  of  Docks.     (Sec.  818.) 

Lands  under  Water  Owned  by  the  State  must  be 
conveyed  to  The  City  of  New  York  by  the  State  Commis- 
sioners of  the  Land  Office  whenever  the  Board  of  Docks 


UPON    REAL    ESTATE    INTERESTS.  47 

may  deem  it  necessary  for  the  construction  of  wharves, 
docks,  slips,  etc.     (Sec.  831.) 

**  Property  "  and  "  Wharf  Property,"  whenever  used 
in  chapter  XVI.  of  the  new  charter  (the  one  relating  to 
Docks  and  Waters),  shall  be  taken  to  mean  not  only  all 
wharves,  piers,  docks,  bulkheads,  slips  and  basins,  but  the 
land  beneath  the  same,  and  all  rights,  privileges  and  ease- 
ments appurtenant  thereto,  and  such  upland  or  made  land 
adjacent  to  said  wharves,  etc.,  jurisdiction  over  Vvhich  up- 
land and  made  land  maybe  assigned  to  the  Department  of 
Docks  and  Ferries  by  the  Commissioners  of  the  Sinking 
Fund.     (Sec.  833.) 

Floating  Baths — The  Board  of  Docks  must  furnish 
sites  for  these  free  of  charge,  where  designated  by  the. 
Commissioner  of  Public  Buildings.     (Sec.  834.) 

Public  Jlarkets  and  Wharves  may  be  erected  and 
kept  by  The  Cityof  New  York  over  the  waters  of  the  East 
and  North  Rivers,  adjoining  any  of  its  docks  or  wharves. 
(Sec.  835.) 

Recreation  Piers,  Fire  Department  Piers  and  Docks 
for  the  Street  Cleaning  Department  may  be  designated 
and  set  apart  by  the  Board  of  Docks  under  sections  836 
to  838. 

Sheds  on  Piers  or  Bulkheads  must  be  regulated,  in  their 
construction,  by  the  Board  of  Docks.     (Sec.  844.) 

Canal  Boats,  exclusively,  are  to  have  the  East  River 
from  the  west  side  of  pier  No.  3  to  and  including  the  east 
side  of  pier  No.  8,  and  no  other  vessels  can  go  in  that  sec- 


48  BEARING    OF   THE    CHARTER 

tion  of  waterfront  between  March  20th  and  December  31st 
of  each  year.     (Sec.  854.) 

Docks  set  apart  for  Garden  Produce  are  on  the  Hud- 
son River  from  Gansevoort  St.  to  Little  West  12th  St. 
(Sec.  858.) 

Wharfage  and  Dockage  Rates  will  be  found  enumerated 
in  section  859  of  the  charter  ;  also  in  Sees.  860  to  S6^. 

What  Waters  included  in  the  Port  of  New  York 

These  are  all  the  waters  of  the  North  and  East  Rivers  and 
the  harbor  embraced  within  or  adjacent  to  or  opposite  to 
the  shores  of  The  City  of  New  York.     (Sec.  864.) 

Grants  of  Land  under  Water  Restricted — No  such 
grants  shall  be  made  by  the  Municipal  Assembly,  or  by 
any  officer  or  board,  beyond  the  exterior  lines  of  the  City 
of  New  York,  as  fixed  by  Act  of  the  Legislature,  April 
17th,  1857,  as  amended.     (Sec.  876.) 

Time  for  Improving  Lands  Adjacent  to  Water  on  Har- 
lem River. — The  period  of  time  fixed  for  the  appropria- 
tion to  the  purposes  of  commerce  by  the  construction  of 
a  dock  or  docks,  and  filling  in  the  same,  in  all  letters 
patent,  issued  by  the  People  of  the  State  of  New  York  to 
the  owners  of  the  adjacent  upland  for  lands  underwater, 
and,  between  high  and  low  water  mark  in  front  of  and 
adjacent  to  the  lands  of  the  said  owners  of  the  adjacent 
upland  on  the  easterly  shore  of  the  Harlem  River,  is  ex- 
tended until  two  years  after  the  time  when  plans  for  the 
improvement  of  said  river  shall  have  been  or  shall  be  com- 
pleted by  the  proper  authorities,  and  copies  of  such  plans 


UPON    REAL    ESTATE   INTERESTS. 


49 


filed,  one  in  the  New  York  Register's  Office  and  one  in  the 
Office  of  the  Secretary  of  State  at  Albany.     (Sec.  877.) 

Department  of  Taxes  and  Assessments — The  head  of 
this  department  is  called  the  Board  of  Taxes  and  Assess- 
ments, composed  of  five  commissioners,  one  of  whom  is 
appointed  as  President  of  the  Board,  and  one  of  whom  must 
be  a  learned  lawyer.     (Sec.  885.) 

Taxes  and  Assessments  are  governed  by  sections  876  to 
904;  assessments  more  especially  by  the  last  twenty-three 
sections.     (Sec.  942  to  964.) 

Correction  of  Assessed  Valuation  may  be  applied  for 
under  section  895  during  the  time  that  the  books  are  open 
to  public  inspection,  from  the  second  Monday  of  January 
to  the  first  day  of  May  every  year  (except  1898,  when  they 
will  be  open  from  the  first  Monday  of  February  to  the  first 
day  of  May).  Application  for  correction  of  the  assessed 
value  of  real  estate  must  be  made  in  writing,  stating  the 
ground  of  objection.     Then  the  Board  will  act  on  it.  (Sec. 

895) 

Applications  in  each  borough  may  be  made  to  a  deputy 
tax  commissioner  appointed  for  that  Borough  by  the 
Board,  and  he  can  take  testimony  upon  the  matter,  and 
transmit  it,  with  his  opinion,  to  the  Board.     (Sec.  898.) 

Taxes  for  1898  in  Brooklyn,  Queens  and  Richmond 
will  be  levied  in  1897. 

Taxes  for  old  New  York  City  for  i897  have  been 
levied  in  1897. 


50  BEARING    OF    THE    CHARTER 

To  Prevent  Double  Taxation  there  shall  be  no  taxes 
levied  in  1898,  in  Brooklyn,  Queens  and  Richmond. 

The  1897  taxes  levied  in  the  latter  part  of  that  year  in 
Brooklyn,  Queens  and  Richmond  will  go  into  the  receipts 
of  the  new  City  for  the   purposes  and   disbursements  of 

1898,  and  if  it  transpires  that  the  amount  received  from 
any  Borough  from  these  1897  taxes  is  either  more  or  less 
than  its  due  proportion  of  the  expenses  of  the  new  city, 
such  excess  or  deficit  shall  be  equalized  in  the  budget  of 
the  year  1899  ;  and  the  Municipal  Assembly  can  lay 
different   rates   of  taxation    in    the   several    Boroughs,  in 

1899,  so  as  to  bring  about  this  proper  proportion.  (Sec. 
901.) 

Different  rates  in  each  Borough  each  year  will  be 
necessary  in  order  to  pay  the  salaries  of  the  county  officers, 
and  the  other  county  charges  and  exp  nses  in  the  Counties 
of  New  York,  Kings  and  Richmond  (all  of  which  counties 
are  entirely  within  the  new  city),  and  the  proportion  that 
will  be  due  to  Queens  County  from  that  part  of  Queens 
County  included  in  The  City  of  New  York.     (Sec.  902.) 

In  forming  the  new  City  the  Legislature  did  not  abolish 
nor  change  the  existing  county  organizations. 

Permits  for  Buildings  must  be  filed,  by  copy,  within 
five  days,  with  the  Department  of  Taxes  and  Assessments, 
by  the  officer  who  issues  the  permit.     (Sec.  903.) 

Exempt  from  taxation,  every  building  for  public  wor- 
ship, and  every  schoolhouse  or  other  seminary  of  learning, 
within  the  city,  only   when  exclusively  used  for    such   pur- 


UPON    REAL    ESTATE    INTERESTS.  51 

pose,  and  exclusively  the  property  of  a  religious  society. 
(Sec.  904.) 

Decisions   of   the  Board  of  Taxes   and   Assessments 

can  be  reviewed  by  certiorari  to  the  Supreme  Court.  (Sec. 
906.) 

riajority  Clause — A  determination  or  decision  required 
or  authorized  by  this  charter,  when  made  by  a  majority  of 
any  body  or  board,  shall  be  held  to  be  the  determination 
or  decision  of  the  body  or  board.     (Sec.  908.) 

Taxes  are  Due  and  Payable  at  the  offices  in  the  sev- 
eral boroughs  where  the  property  is.     (Sec.  913.) 

Rebates  for  prompt  payment  and  penalties  for  delay 
remain  as  at  present  in  old  New  York. 

Undivided  Parts  of  Taxes,  where  a  sum  of  money  in 
gross  has  been  taxed  upon  any  land,  may  be  paid  by  any 
person  claiming  any  divided  or  undivided  part  of  the 
premises,  and  the  remainder  may  be  sold  if  the  balance  of 
the  tax  remains  unpaid.     (Sec.  920.) 

Distress  and  Sale  for  Personal  Taxes  remaining  un- 
paid may  be  ordered  by  the  Receiver  of  Taxes,  and  the 
marshal  can  levy  on  and  sell  not  only  the  goods  and  chat- 
tels of  the  person  against  whom  the  warrant  is  issued,  but 
any  goods  and  chattels  in  his  or  her  possession,  no  matter 
whom  they  may  belong  to.  (Sec.  926.)  The  assessed  valua- 
tion for  personal  taxes  is  over  $400,000,000. 

Unpaid  Taxes  and  Assessments  prior  to  January  ist, 
1898,  from  Kings,  Queens  and  Richmond  counties,  shall  be 
due  and  payable  thereafter  to  The  City  of  New  York,  and 


52  BEARING    OF   THE    CHARTER 

all  tax  and  assessment  lists  in  the  hands  of  any  officer  of 
any  of  the  places  within  the  new  city  limits  must  be  turned 
over  to  the  Comptroller  on  that  day,  January  ist,  1898. 
Assessments  for  Local  Improvements  are  to  be  made 

by  a  Board  of  Assessors,  not  by  the  Commissioners  of  Taxes 
and  Assessments  ;  but  this  is  only  in  cases  other  than  those 
required  by  law  to  be  confirmed  by  a  court  of  record.    (Sec. 

943) 

A  Board  of  Revision  of  Assessments,  composed  of  the 
Comptroller,  Corporation  Counsel  and  President  of  the 
Board  of  Public  Improvements,  has  the  powers  and  duties 
of  revision,  correction  and  confirmation  of  local  assess- 
ments, other  than  those  confirmed  by  the  Board  of  Assess- 
ors or  by  a  court,  and  may  consider  on  the  merits  all  objec- 
tions made  to  any  such  assessment,  and  may  subpoena  and 
examine  witnesses,  and  may  confirm  the  assessment  or  refer 
it  back  to  the  Board  of  Assessors  for  revisal  and  correc- 
tion. If  not  referred  back  within  thirty  days,  such  assess- 
ments shall  be  deemed  to  be  confirmed.     (Sec.  944.) 

Not  more  than  half  the  fair  value  of  any  house  or 
lot,  improved  or  unimproved  land,  can  be  assessed  in  any 
case.     (Sec.  947.)     It  is  a  comfort  to  know  this. 

No  assessment  for  repairing  can  be  laid  inside  the  limits 
of  the  old  city.  But  in  Brooklyn,  Queens  and  Richmond  you 
can  be  assessed  for  repairing.     (Sec.  948.) 

Notice  of  Completion  of  Assessments  is  to  be  given  in 
the  "City  Record."  (Sec.  950.)  The  labor  of  following 
these  up  and  finding  them  out,  in  that  excellent  but  multi- 


UPON    REAL    ESTATE    INTERESTS. 


53 


farious  sheet,  will  be  saved  by  those  who  are  subscribers  to 
the  Real  Estate  Record  and  Guide,  which  will  continue  to 
publish  all  such  information  in  regard  to  real  estate,  as  it 
has  done  for  years  past. 

No  liability  to  owners  for  originally  establishing  a 
grade  after  January  ist,  1898,  but  only  for  a  change  of 
established  grade  where  an  owner  has  built  in  accordance 
with  it ;  and  you  must  make  your  claim  for  this  at  the  time 
and  place  for  which  notice  is  given  by  the  Board  of  As- 
sessors in  the  ''City  Record."    (Sees.  951,  952,  953.) 

Assessments  for  Deepening  Water  in  Docks,  etc.,  may 

be  laid  on  adjoining  owners.     (Sec.  954.) 

No  suit  can  be  brought  to  vacate  an  assessment  for 

local  improvements  other  than  those  confirmed  by  a  court 
of  record,  but  any  party  aggrieved  is  confined  to  the  course 
marked  out  in  Sees.  958  to  953,  whether  the  objection  be 
for  fraud  or  any  substantial  error. 

Re-assessment, — And  any  lands  which  may  be  dis- 
charged from  an  assessment  for  fraud  or  irregularity  in  it 
may  have  a  new  corrected  assessment  laid  and  collected 
for  the  improvement.     (Sec.  964.) 

Opening  Streets  and  Parks  is  to  be  done  in  the  old 
way,  by  application  to  the  Supreme  Court,  and  appointment 
of  commissioners  of  estimate  and  assessment.  I  do  not 
give  the  details  of  these  proceedings,  laid  down  in  Sec. 
970  to  loi I,  because  every  sensible  man  will  in  such  mat- 
ters 


54  BEARING    OF   THE    CHARTER 

Get  a  lawyer,  either  your  own  regular  counsel,  or  if  you 
have  none,  employ  one  familiar  with  the  new  charter  and 
with  such  proceedings. 

No  streets  can  be  opened  in  the  grounds  of  St.  John's 
College,  Fordham  ;  nor  those  of  the  University  of  The  City 
of  New  York  ;  nor  those  of  Columbia  College.    (Sec.  972.) 

The  City  is  to  own  the  land  at  once  upon  the  report 
being  filed,  if  the  land  is  vacant,  or  six  months  from  the  day 
the  report  is  filed,  if  there  are  buildings  upon  it^  in  every 
case,  where  the  Board  of  Public  Improvements  deem  it  for 
the  public  interest^  and  may  immediately  take  possession, 
and  in  such  cases  interest  is  to  run  in  favor  of  the  owners, 
from  the  date  title  vests  in  the  City.  In  all  other  cases 
title  shall  vest  in  the  City  upon  the  confirmation  of  the 
Commissioners'  report  by  the  Court.     (Sec.  990.) 

Owners  may  convey  to  the  City,  without  any  condem- 
nation proceedings;  if  their  title  is  clear,  and,  if  they  give 
a  deed,  with  an  abstract  of  title  and  complete  searches, 
and  pay  for  recording  the  deed  ;  and  the  lots  fronting  on 
such  parcels  shall  not  be  chargeable  with  any  portion  of 
the  expense  of  opening  any  of  the  rest  of  that  street,  ex- 
cept a  fair  proportion  of  the  awards  made  for  damages  for 
buildings.  (Sec.  992.)  This  may  be  of  value  in  the  out- 
lying portions  of  the  new  City. 

The  City  may  agree  with  owners  of  some  or  all  par- 
cels about  the  cost  and  damages  and  benefits  of  any  such 
a  street  opening,  or  other  improvement,  and  after  such  an 
agreement    duly  executed    it   shall   be  as  binding  as  an 


UPON    REAL    ESTATE    INTERESTS.  55 

assessment  regularly  made.  (Sec.  994.)  Obviously  a  great 
deal  of  the  expense  may  thus  sometimes  be  saved. 

Contracts  between  Landlords  and  Tenants  regarding 
land  taken  by  the  City  cease,  determine,  and  become  abso- 
lutely discharged  upon  the  vesting  of  the  title  in  the  City, 
where  the  whole  of  the  lot  or  parcel  is  taken,  and  shall 
similarly  cease  as  to  the  part  taken^  where  only  a  part  is 
taken.     (Sec.  996.) 

Notice  of  Confirmation  of  Assessment  is  to  be  pub- 
lished by  the  comptroller  in  the '*  City  Record."  (Sec. 
1005.) 

Interest  at  seven  per  cent,  is  to  be  charged  on  all  as- 
sessments not  paid  within  sixty  days,  sections  1006,  1019  ; 
and  on  all  arrears  of  taxes.     (Sec.  1020.) 

Water  Rents  in  same  bill  with  Taxes  after  this.  (Sec. 
1024.) 

On  June  First  Taxes  and  Water  Rates  become  arrears. 
(Sec.  1023.)  And  have  to  pay  seven  per  cent,  per  annum 
interest  from  date  of  confirmation. 

Sales  for  unpaid  Taxes  and  Assessments  are  to  be  made 
Mr^^  years  after  confirmation.     (Sec.  1027.) 

Sales  for  unpaid  Water  Rents  are  to  be  made/^«r 
years  after  they  were  due.     (Sec.  1027.) 

I  do  not  find  that  any  date  is  fixed  in  the  charter  for  the 
payment  of  Water  Rates  ;  but  unless  they  are  paid  by 
August  i9t,  five  per  cent  penalty  attaches,  and  unless  paid 
by  November  ist,  10  per  cent.  (Sec.  476)  ;  and  as  the  Com- 
missioner of  Water  Supply  is  to  turn  over  all  unpaid  water 


56  BEARING    OF    THE    CHARTER 

rents  to  the  Collector  of  Arrears,  at  the  time  the  tax 
levy  is  confirmed  each  year,  section  1022,  (which  is  on 
or  about  September  ist),  it  is  best  to  assume  that  the  old 
date,  May  ist,  remains  the  first  date  upon  which  water  rents 
can  annually  be  paid. 

Lands  heretofore  sold  and  bid  in  for  taxes  or  assess- 
ments by  any  village,  town  or  city  now  consolidated  shall 
belong  to  the  new  city.     (Sec.  1033.) 

riortgagees  are  to  be  notified  of  sale  before  the  time 
to  redeem  expires.     (Sees.  1036  to  1040.) 

Notice  of  Expiration  of  Time  to  Redeem  is  to  be  pub- 
lished twice  a  week  for  six  weeks  in  the  City  Record 
(Sec.  1041.) 

Additional  Details  of  Sale  forTaxes,and  of  Redemption 
are  to  be  found  in  sections  1042  to  1054,  as  well  as  in 
sections  1017  to  1042. 

The  title  to  all  real  estate  purchased  for  school  purposes 
(except  the  State  Normal  School  at  Jamaica),  is  vested  in 
The  City  of  New  York.  But  all  suits  in  relation  to  such 
property  must  be  brought  in  the  name  of  the  Board  of 
Education.     (Sec.  1055.) 

Taxes  for  School  purposes  are  to  be  raised  in  two 
funds,  "The  special  school  fund"  and  ''The  general 
school  fund." 

New  school-houses,  and  sites,  with  repairs,  etc.,  are  to 
be  raised  in  the  special  school  fund,  and  the  Board  of  Esti- 
mate and  Apportionment  must  indicate  in  the  budget  the 
respective  amounts  of   this   special    fund  which    shall   be 


UPON    REAL    ESTATE    INTERESTS. 


57 


available  for  each  of  the  four  school  boards  (Manhattan 
and  The  Bronx,  Brooklyn,  Queens,  and  Richmond).  (Sec. 
1060.) 

A  Superintendent  of  School  Buildings  is  to  be  ap- 
pointed by  the  Board  of  Education,  and  he  may  appoint 
four  deputy  superintendents ;  one  for  each  Borough.  All 
plans  for  new  school  buildings,  and  for  alterations,  must 
be  approved  by  the  Superintendent.     (Sec.  1074.) 

Board    of    Health The   head   of   the    Department   of 

Health  is  the  Board  of  Health,  consisting  of  the  President 
of  the  Board  of  Police,  the  Health  Officer  of  the  Port,  and 
three  Commissioners  of  Health  appointed  by  the  Mayor. 
(Sec.  1167.) 

The  Board  of  Health  has  power  to  take  possession  of, 
and  occupy  for  temporary  hospitals,  any  building  or  build- 
ings in  the  City,  during  the  prevalence  of  an  epidemic. 

And  shall  pay  a  just  compensation  for  private  property 
so  taken.     (Sec.  1170.) 

Repairs  of  Buildings — The  Board  of  Health  has  power 
to  order  and  enforce  the  repairs  of  buildings,  houses,  and 
other  structures ;  the  regulation  and  control  of  all  public 
markets  (so  far  as  relates  to  the  cleanliness,  ventilation 
and  drainage,  and  to  the  prevention  of  the  sale  of  im- 
proper articles)  ;  the  removal  of  any  obstruction,  matter  or 
thing  in  or  upon  the  public  streets,  sidewalks  or  places, 
dangerous  to  life  or  health  ;  the  prevention  of  accidents 
endangering  life  or  health  ;  and  generally  the  abating  of 
all  nuisances.     (Sec.  1171.) 


58  BEARING    OF   THE    CHARTER 

The  Sanitary  Code,  (Sec.  1172),  contains  about  225 
sections  in  itself.  And  you  are  bound  by  them  all,  and  liable 
to  the  penalties  for  their  breach,  whether  you  know  what  is 
in  them  or  not.  At  least  forty  of  these  sections  bear  directly 
or  indirectly  upon  the  ownership  of  real  estate  in  this  City, 
and,  in  the  language  of  section  205  of  that  code  (edition  of 
1896),  "  The  ^7^«^r,  lessee,  tenant  or  occupant  of  a/ty  bmlding 
or  premises,  or  of  any  part  thereof,  where  there  shall  be 
*  *  *  ^  violation  of  any  ordinance  or  section  of  the  Sanitary 
Code,  shall  be  jointly  and  severally  liable  therefor."  So  the 
best  thing  you  can  do  is  to  obtain  from  the  Health  Depart- 
ment a  copy  of  the  Sanitary  Code.  It  governs  all  parts  of 
the  new  City,  and  privies  in  the  suburbs  of  Jamaica  or  of 
Hempstead  must  hereafter  be  built  in  accordance  with  sec- 
tions 119,  192  and  206  of  this  Code,  and  the  owners  of  cows 
on  Staten  Island  must  hasten  to  get  permits  to  keep  them 
within  the  City  limits,  in  accordance  with  section  200,  or 
each  will  be  guilty  of  a  misdemeanor  and  liable  to  fine 
and  imprisonment.  Does  your  tenant,  who  keeps  a  board- 
ing house,  allow  too  many  people  to  sleep  in  one  room? 
Do  you  know  ?    You  are  liable,  whether  you  know  or  not. 

Alteration  of  old  buildinsrs,  erection  of  new  buildings 
must  conform  to  this  Sanitary  Code  as  well  as  to  the  Build- 
ing laws.  Sidewalks  must  be  kept  clear  of  water  and  ice, 
and  from  other  obstructions ;  manufactories  must  burn 
their  own  smoke  ;  receptacles  must  be  provided  for  ashes 
and  for  garbage  for  the  Street  Cleaning  Department ;  con- 
tagious diseases  must    be  reported  ;  hatchways  and  well- 


UPON    REAL    ESTATE    INTERESTS.  59 


holes  must  be  inclosed  ;  waste  or  soil  pipes  of  tenements 
and  lodging  houses  must  be  ventilated  ;  sunken  lots  kept 
clean  and  fenced  ;  and  a  score  of  other  details  be  attended 
to  in  accordance  with  this  Sanitary  Code,  or  the  expense 
of  having  them  done  by  the  Health  Department  becomes 
a  lien  upon  your  real  estate  (like  an  assessment),  and  you, 
the  owner,  although  absent  traveling,  and  ignorant  of  your 
tenant's  neglect  and  breach  of  the  code,  become  liable  to 
fine  and  imprisonment.  (Sees.  1172,  1278  and  1222  of 
Charter.)     So  send  and  get  a  copy  of  that  Code. 

Dangerous  Buildings,  and  Places — Whenever  any 
building,  erection,  excavation,  premises,  business  pursuit, 
matter  or  thing,  or  the  sewerage,  drainage  or  ventilation 
thereof,  shall  be  in  a  condition  or  in  effect  dangerous  to 
life  or  health,  the  Board  of  Health  may  take  sufficient 
proof  to  authorize  declaring  it  a  public  nuisance,  or  dan- 
gerous to  life  or  health,  and  may  order  it  to  be  removed, 
or  altered  or  improved. 

Stay  or  modification  of  such  an  order  may  be  applied 
for  within  three  days  after  service,  or  attempted  service,  by 
the  party  served,  or  intended  to  be  served. 

This  is  an  outrageous  power.  So  long  as  the  Board 
intended  to  serve  the  owner,  or  attempted  to  do  so,  unless  he 
applies  for  a  hearing  within  three  days  from  the  attempt 
to  serve  him,  his  rights  may  be  taken  away,  and  possibly 
great  damage  done  to  him,  often  by  mistake,  and  without 
his  having  even  heard  of  the  matter.     It  may  be  that  this 


6o  BEARING    OF   THE    CHARTER 

power  will  never  be  wrongfully  used.     But  no  such  power 
ought  ever  to  be  granted. 

The  situation  is  not  bettered  by  the  additional  power 
that  if  the  order  (which  he  may  never  have  heard  of)  is 
not  complied  with  within  five  days,  the  Board  of  Health 
can  have  it  done,  and  all  the  expenses  are  to  be  a  charge 
against  each  of  the  owners  or  part  owners  of  the  building, 
and  each  of  the  lessees  and  occupants,  and  a  lien  on  all 
rent  due,  or  to  grow  due,  for  the  use  of  any  place,  room, 
building  or  premises  ;  and  the  Board  of  Health  can  assign 
the  bill,  and  its  assignee  can  sue  on  and  recover  it.     (Sec. 

1176.) 

I  say  this  is  an  outrageous  law  to  impose  upon  citizens 
in  a  free  country.  And  no  man  surpasses  me  in  allegiance 
to  the  laws,  or  in  a  desire  to  conform  to  and  to  uphold  a 
rigid  enforcement  of  all  sanitary  rules  for  the  benefit  of 
the  community,  and  especially  for  the  benefit  of  the  poor, 
or  those  whose  means  and  industry  do  not  leave  them  time 
to  protect  themselves.  But  no  such  unfair  powers  ought 
ever  to  be  intrusted  to  any  man  or  Board. 

Delegation  of  Powers — The  Board  of  Health  may  from 
time  to  time  delegate  any  portion  of  its  powers  to  the  Sani- 
tary Superintendent,  or  to  an  Assistant  Sanitary  Superin- 
tendent.    (Sec.  1 182.) 

Examinations  and  Surveys — The  members  of  the 
Board  of  Health,  the  Health  Commissioners,  the  Sanitary 
Superintendent,  the  Assistant  Sanitary  Superintendent,  and 
any  of  the  Sanitary  Inspectors,  and   such  other  officer  or 


UPON    REAL   ESTATE   INTERESTS.  6l 

person  as  may,  at  any  time,  be  authorized  by  the  Board  of 
Health,  may  enter,  examine  and  survey  all  grounds,  erec- 
tions, structures,  apartments,  buildings,  and  every  part 
thereof,  all  cellars,  sewers,  passages  and  excavations,  and 
inspect  the  sanitary  condition  thereof.     (Sec.  1188.) 

Duties   of   Owners,  Lessees,  and   Occupants,    in    any 

place,  room,  stall,  apartment,  and  building,  to  keep  and 
preserve  the  same  and  every  part  of  it,  and  the  sewerage, 
drainage,  and  ventilation  in  such  condiiion  that  it  shall 
not  be  a  nuisance,  nor  dangerous,  nor  prejudicial  to 
health.     (Sec.  1201.) 

Offensive  Trades  can  not  be  lawfully  carried  on  within 
the  Borough  of  Manhattan.  It  is  all  right  to  do  so  in  the 
other  Boroughs.  These  trades  are  enumerated  in  Sec. 
1212  as  bone  boiling,  bone  burning,  bone  grinding,  horse 
skinning,  cow  skinning,  or  skinning  of  dead  animals,  or  the 
boiling  of  offal,  but  not  the  slaughtering  or  dressing  of 
animals  for  sale  in  said  City. 

Filling  in  Lands — This  cannot  be  done  anywhere  in 
the  new  City  with  garbage,  dead  animals,  decaying  matter, 
or  any  offensive  and  unwholesome  material,  or  with  dirt  or 
ashes  mixed  with  any  such  thing.     (Sec.  1213.) 

Yards  and  Cellars — The  Board  of  Health  can  pass 
ordinances  for  the  filling,  draining  and  regulating  of  any 
grounds,  yards  or  cellars,  and  also  sunken  lots  extending 
into  the  rivers  or  Long  Island  Sound  ;  and  for  filling,  alter- 
ing and  amending  all  sinks  and   privies,  and    for  causing 


62  BEARING    OF    THE    CHARTER 

subterraneous  drains  to  be  made  from  the  latter.     (Sec. 
1214.) 

Right  of  Way. — The  Board  of  Health  can  acquire  rights 
of  way  over,  under  or  through  lands,  for  drains  other  than 
sewers.     (Sec.  1216.) 

The  proceedings  for  acquiring  such  rights  of  way  are  sim- 
ilar to  those  for  acquiring  the  absolute  ownership  of  land 
for  streets,  but  the  details  are  laid  down  in  sections 
1217,  1218. 

Punishment  for  Violating  any  Order  of  the  Board  of 
Health  is  a  fine  not  exceeding  $250,  or  imprisonment  not 
exceeding  six  months,  or  both  ;  it  being  a  misdemeanor. 

Violation  of  any  part  of  the  Sanitary  Code  is  also  a 
misdemeanor,  and  also  a  fine  of  $50. 

Separate  Receptacles  for  Ashes  and  Garbage  shall  be 
required  by  the  Board  of  Health,  also  for  rubbish.  And 
they  can  only  be  put  out  on  sidewalks  at  the  times  desig- 
nated by  the  Commissioner  of  Street  Cleaning,  and  for 
any  violations  of  these  provisions  of  the  sanitary  code 
both  the  oivners  and  the  occupants  of  all  houses  in  the  city 
shall  be  separately  responsible  and  subject  to  the  pen- 
alties and  prosecutions  imposed  by  said  code,  and  all  other 
provisions  of  the  city  ordinances  relative  to  the  cleanliness 
of  the  streets.     (Sec.  1223.) 

Which  is  another  outrageous  law. 

Service  of  Orders. — Quite  in  keeping  with  these  unfair 
provisions  of  this  law  is  the  fact  that,  under  section  1224, 
you  can  be  sent  to  jail   and   fined  for  breach  of  an  order, 


UPON    REAL    ESTATE    INTERESTS.  63 

quite  likely  unjust,  and  granted,  or  entered  as  a  matter  of 
course  by  some  employe  of  the  Board,  without  due  hearing, 
and  which  order  has  been  served  on  some  one  you  employed 
to  collect  your  rents,  and  who  has  forgotten  to  report  it  to 
you  ;  no  matter, 7/^^/  service  is  enough  to  bind  you  and 
everybody,  as  if  made  upon  the  owners,  lessees,  tenants, 
and  occupants  of  the  building. 

Public  health  ought  to  be  preserved  and  cared  for  most 
thoroughly,  but  not  at  such  a  cost  of  private  rights  and 
liberties,  without  due  process  of  law.  The  fact  that  such 
a  statute  has  been  passed,  does  not  make  it  "  due  process 
of  law." 

A  nuisance  under  this  statute  embraces  not  only  what 
is  known  as  a  public  nuisance  at  common  law,  or  in  equity 
jurisprudence,  but  also  whatever  is  dangerous  to  human 
life  or  detrimental  to  health  ;  whatever  building  or  erec- 
tion, or  part  or  cellar  thereof,  is  overcrowded  with  occu- 
pants, or  is  not  provided  with  adequate  ingress  and  egress 
to  and  from  the  same,  or  the  apartments  thereof,  or  is  not 
sufficiently  supported,  ventilated,  sewered,  drained,  cleaned 
or  lighted,  in  reference  to  their  or  its  intended  or  actual 
use  ;  and  whatever  renders  the  air,  or  human  food  or 
drink,  unwholesome,  are  also,  severally,  in  contemplation  of 
this  act,  nuisances  ;  and  all  such  nuisances  are  declared 
illegal.     (Sec.  1229.)     As  they  ought  to  be. 

Overcrowding  in  Cars  and  Elevators But  all  this  wilt 

not  prevent  people  being  allowed  to  be  jammed  and  packed 

5 


64  BEARING    OF   THE    CHARTER 

together  in  elevated  railroads  and  surface  cars,  and  in  ele- 
vators, like  so  many  sardines,  only  not  so  clean  ;  dumb, 
driven  cattle,  buttock  to  face,  male  and  female,  in  the  most 
disgusting  manner,  detrimental  to  health,  comfort  and 
morals,  a  nuisance  under  that  section  1229.  This,  how- 
ever, is  because  there  are  so  few  real  Americans  in  New 
York  City,  people  with  respect  for  themselves  and  con- 
sideration for  others.  You  would  expect  it  to  be  different. 
But  to  see  that  it  is  not  you  have  only  to  look  daily  at 
what  the  citizens  of  New  York  both  endure  themselves  and 
force  upon  others  in  this  regard.  The  remedy  is  to  fine 
every  conductor  who  carries  more  than  he  has  seats  for, 
and  every  person  who  insists  upon  forcing  himself  in  where 
there  are  no  seats.  Straps  to  hang  upon  ought  to  be  abol- 
ished. Ostensibly  they  were  forced  on  the  railroad  com- 
panies for  the  "  safety  "  of  passengers.  What  a  trick  of 
those  companies  to  make  it  lawful  to  carry  additional  pas- 
sengers standing  upon  the  feet  of  those  sitting  !  And  every 
person,  man  or  woman,  who  attempts  to  stand  in  between 
the  seats  of  opeti  cars  ought  forthwith  to  be  arrested  and 
fined  "  ten  dollars  or  ten  days."  If  the  various  railroads 
and  traction  companies  do  not  or  can  not  furnish  enough 
vehicles,  take  away  their  charters,  or  grant  more  charters 
to  more  companies. 

But  whether  it  is  because  four  out  of  five  of  all  its  citi- 
zens were  so  unfortunate  as  to  beborn  abroad  in  monarchical 
countries,  (they  or  their  immediate  parents,)  or  whatever 
the  cause,  the  disappointing  fact   remains  that  the  demo- 


UPON    REA.L    ESTATE    INTERESTS.  65 

•ratic,  republican,  citizens  of  this  great  city,  are  wanting 
in  self  respect  and  in  respect  for  the  rights  of  others. 

Boarding  and  Lodging  House  Keepers  shall,  whenever 
required  by  the  Department  of  Health,  report  in  writing 
the  name  of  each  person  sick  in  their  houses,  within  twelve 
hours  after  each  case  of  sickness  occurs.     (Sec.  1250.) 

Every  Owner,  and  Part  Owner,  and  Person  Inter- 
ested, Lessee,  Tenant  and  Occupant  of,  or  in,  any  place, 
water,  ground,  room,  stall,  apartment,  building,  erection, 
vessel,  vehicle,  matter  and  thing  in  The  City  of  New  York, 
and  every  person  conducting  or  interested  in  business,  is 
bound  to  keep,  place  and  preserve  every  building,  plot  of 
ground,  etc.,  subject  to  the  ordinances  of  the  Sanitary  Code 
and  the  orders  of  the  Board  of  Health,  and  is  both  jointly 
and  separately  liable  personally  for  all  the  expenses  the 
Board  of  Health  choose  to  incur  in  carrying  out  any  order 
of  that  Board.  These  expenses  are  also  a  lien  on  any  and 
all  rent  due  to  a  landlord  ;  and  the  Board  of  Health  can 
assign  each  claim  for  any  such  expenses,  and  the  assignee 
can  sue  for  them.     (Sees.  1275,  1276,  1277.) 

Ail  tlie  proceedings  of  tlie  Healtli  Department  are 
presumed  to  be  just  and  legal.     (Sec.  1261.) 

Expenses  of  Board  of  Health  shall  be  a  lien  on  the 
property,  filed  like  a  mechanic's  lien,  and  ahead  of  all 
mortgages  and  other  liens,  except  taxes  and  assessments. 
(Sec.  1278.) 

Your  tenant  must  pay  a  judgment  against  you   and 


66  BEARING    OF   THE    CHARTER 

deduct  it  from  his  rent  where  it  was  obtained  by  the  Board 
of  Health.     (Sec.  1279,  subdivision  4.) 

As  stated  before  (page  62),  all  this  can  happen,  under 
this  despotic  law,  without  your  ever  having  heard  of  the 
matter  or  knowing  anything  about  it. 

A  judgment  declaring  a  nuisance  to  exist,  and  order- 
ing it  abated  or  remedied,  and  for  costs  and  expenses  and 
penalties  therefor,  is  a  lien  on  the  real  property  to  which 
the  nuisance  related.     (Sec.  1290.) 

An  injunction  may  be  granted  in  any  suit  brought  by 
the  Health  Department  to  abate  a  nuisance,  and  in  the 
injunction  order  the  court  may  require  any  building,  erec- 
tion or  grounds  to  be  put  in  condition  that  will  not  be  dan- 
gerous to  life  or  health,  before  the  same  shall  be  leased, 
rented  or  occupied,  or  before  any  rent  shall  be  collected 
for  the  use  of  the  whole  or  any  portion  of  the  same  ;  and 
the  court  can,  in  any  such  injunction  order,  require  any 
and  all  tenants,  lessees,  and  occupants  to  pay  their  rent  to 
the  Health  Department,  and  the  latter  to  pay  it  out  on 
account  of  expenses  of  putting  the  premises  in  good  sani- 
tary condition.     (Sec.  1297.) 

Tenement  and  Lodging  Houses  must  conform  in  con- 
struction, appurtenances,  and  premises  to  the  requirements 
of  the  charter.     (Sees.  1304  to  1325.) 

This  tenement-house  law  goes  into  a  great  variety  of 
details  which  need  not  be  fully  repeated  here,  because  any 
one  intending  to  build,  or  buy,  will  naturally  read  these 
sections  in  the  charter  itself. 


UPON    REAL    ESTATE    INTERESTS.  67 

No  property  owner  in  The  City  of  New  York  can  here- 
after get  along  safely  without  a  copy  of  the  charter  itself ; 
or  what  is  better,  a  copy  of  Van  Siclen's 

♦♦  Analytical  Index  to  the  Charter  of  The  City  of 
New  York,"  now  going  to  press  (December,  1897)  ;  this 
form  of  Index  contains  every  item  of  all  the  statute,  briefly 
and  clearly  stated. 

The  Sanitary  Code  of  course  applies  to  tenement 
houses. 

Halls. — If  such  a  house  is  occupied  by  more  than  one 
family  on  a  floor,  and  if  the  halls  do  not  open  directly  on 
the  external  air,  with  suitable  windows,  without  a  room  or 
other  obstruction  at  the  end,  it  cannot  be  used  nor  rented 
unless  sufficient  light  and  ventilation  are  provided  for  to 
the  satisfaction  of  the  Department  of  Buildings  and  the 
Department  of  Health.     (Sec.  1302.) 

A  tenement=house  is  any  house  or  building,  or  portion 
thereof,  which  is  let  to  be  occupied  as  the  home  or  resi- 
dence of  three  families  or  more,  living  independently  of 
each  other,  and  doing  their  cooking  upon  the  premises  ; 
or  by  more  than  two  families  upon  any  floor,  so  living  and 
cooking,  but  having  a  common  right  in  the  halls,  stair- 
ways, yards,  water-closets  or  privies,  or  some  of  them. 
(Sec.  1305.) 

A  lodging  house  is  any  house  or  building,  or  portion 
thereof,  in  which  persons  are  harbored,  or  received,  or 
lodged,  for  hire  for  a  single  night,  or  for  less  than  a  week 


68  BEARING    OF   THE    CHARTER 

at  one  time,  or  any  part  of  which   is  let  for  any  person  to 
sleep  in  for  any  term  less  than  a  week.     (Sec.  1305.) 

A  cellar  is  every  basement  or  lower  story  of  any  build- 
ing or  house,  of  which  one  half  or  more  of  the  height  from 
floor  to  the  ceiling  is  below  the  level  of  the  street  adjoin- 
ing.    (Sec.  1305.) 

Roofs  must  be  kept  in  good  repair. 

Water  from  roof  carried  off ;    no  dripping. 

Stairs  must  have  proper  banisters  and  railings,  and  be 
kept  in  good  repair. 

A  fire  escape  on  every  such  house.     (Sec.  1.306.) 

Every  sleeping  room  which  does  not  communicate  di- 
rectly with  the  external  air  must  have  a  transom  over  the 
door  into  the  next  room  which  communicates  with  the  ex- 
ternal air,  and  another  transom  over  the  door  into  the  hall. 

A  ventilator  must  be  in  the  roof  at  the  top  of  the  hall. 
(Sec.  1307.) 

A  water  closet,  ventilated,  for  every  fifteen  occupants. 

Separate  sewer  connection  for  each  tenement  house,  or 
lodging  house. 

No  privy,  or  vault  or  cesspool  in,  under,  or  connected 
with  any  such  house  (except  by  special  permit). 

Where  there  is  no  sewer  to  connect  with,  the  yard  and 
area  must  have  a  covered  drain  into  the  street  gutter  to 
carry  off  surface  water.     (Sec.  1308.) 

Cellars  and  Basements  can  not  be  constructed  to  be 
occupied  as  dwellings,  without  a  permit  from  the  Depart- 


UPON    REAL    ESTATE    tnTERESTS.  69 

ment  of  Buildings,  nor  without  conforming  to  many  details 
in  section  1309. 

Cellars  and  Vaults  can  not  be  used  as  sleeping  rooms. 

Wall  paper  must  be  removed  every  time,  and  walls  and 
ceiling  cleansed,  before  any  new  wall  paper  can  be  put  on. 

Every  part  must  be  kept  clean. 

Owner  must  clean  as  often  as  Board  of  Health  orders  : 
so  must  any  lessee  of  any  part. 

Whitewash  walls  and  ceilings  at  least  once  every  year. 
(Sec.  1310.) 

Bakeries ;  Transoms,  Windows  and  Doors  must  be 
solidly  closed  up  between  upper  floors  of  tenement  or  lodg- 
ing houses  and  the  hall  of  the  basement  or  first  floor  where 
there  is  a  bakery  in  which  fat  is  boiled  ;  and  such  a  tene- 
ment must  be  fireproof,  or  the  ceiling  and  side  walls  of 
the  bakery  be  fireproof. 

Paint,  Oil,  Liquor  and  Drug  stores,  all  their  transoms 
and  windows  opening  into  halls,  must  be  closed  solidly,  or 
glazed  with  wire  glass,  and  all  doors  be  fireproof,  where 
there  is  a  tenement  or  lodging  house  above.     (Sec.  131 1.) 

Receptacles  for  garbage  and  other  refuse  must  be  sup- 
plied. 

No  part  can  be  used  to  store  any  combustible  article. 

No  domestic  animals  can  be  kept  (except  dogs  and  cats). 
(Sec.  1312.) 

Address  and  name  of  every  owner  must  be  filed  by 
him  with  the  Health  Department,  with  a  description  of  his 
tenement  house  or  lodging  house. 


70  BEARING    OF   THE    CHARTER 

Upon  selling  a  tenement  house  or  lodging  house  both 
buyer  and  seller  must  file  a  notice  of  the  transfer  with  the 
Health  Department. 

In  case  of  a  Will,  the  executor,  and  the  devisee  of  such 
a  house,  must  both  file  notice  of  the  new  ownership  of  the 
latter,  within  thirty  days  after  probate  of  the  will. 

Heirs,  where  there  is  no  will,  must  file  notice  of  their 
having  become  the  owners. 

Administrator  must  file  such  a  notice,  if  there  is  no  will, 
and  the  heirs  are  under  age,  and  have  no  guardian,  within 
thirty  days  after  the  death  of  the  owner. 

Notices  to  tenement  house  and  lodging  house  owners  are 
served  by  not  serving  them,  but  by  posting  them  up  in  some 
conspicuous  place  in  the  house,  five  days  ^before  time  for 
doing  the  thing  required.  It  is  the  duty  of  the  Health  De- 
partment to  also  mail  on  the  same  day,  a  copy  of  such 
notice  to  the  address  given  by  the  owner  ;  but  that  post- 
ing of  notice  in  the  house  is  declared  by  the  law  sufficient 
service  of  the  notice  on  the  owner.     (Sec.  1313.) 

Inspection  Twice  a  Year. 

Free  access  to  the  house  for  all  health  officers. 

The  owner  or  keeper  of  any  lodging  house,  and  the 
owner,  agent  and  lessee  of  any  tenement  house  or  any  part 
of  it,  shall  give  notice  at  once  to  the  Health  Department 
of  any  case  of  infectious  disease,  //  information  thereof  has 
been  given  to  such  owner,  keeper,  agent  or  lessee.   (Sec.  1314-) 

This  section  of  the  law  is  remarkable  in  that  it  does  not 


UPON    REAL    ESTATE    INTERESTS.  71 

punish  the  owner  with  fine  and  imprisonment  in  case  he  has 
not  been  informed  of  the  misfortune  that  has  befallen  him. 

infected  and  Uninhabitable  Houses  may  be  condemned 
by  the  Board  of  Health,  and  all  persons  ordered  to  vacate, 
until  the  building  has  been  repaired  and  made  habitable. 
(Sec.  1315.) 

Old  or  Infected  House  may  be  torn  down  after  con- 
demnation by  Board  of  Health,  and  after  due  proceedings 
in  court,  and  in  this  case  fair  damages  are  to  be  awarded 
to  the  owner  on  the  basis  laid  down  in  section  13 16. 

Houses  hereafter  erected  must  comply  with  all  the  re- 
quirements of  sections  1318  to  1325,  in  regard  to  space  of 
lot  occupied,  size  of  rooms,  ventilation,  chimneys,  ash 
receptacles,  water,  cellar  floor,  ceilings,  gas,  overcrowd- 
ing, janitor,  penalties  for  violations,  etc. 

Construction  of  tenement  houses  and  space  pre- 
scribed for  building  the  same. — Sec.  1,318.  It  shall  not 
be  lawful,  without  a  permit  from  the  department  of 
buildings,  to  alter,  erect  or  convert  to  the  purposes  of  a 
tenement  or  lodging  house,  a  building  on  any  lot  where 
there  is  another  building  on  the  same  lot ;  nor  shall  it  be 
lawful  to  build  or  to  erect  any  building  on  any  lot  whereon 
there  is  already  a  tenement  or  lodging  house,  unless  there 
is  a  clear  open  space  exclusively  belonging  thereto,  and 
extending  upward  from  the  ground,  of  at  least  ten  feet 
between  said  buildings  if  they  are  one  story  high  above 
the  level  of  the  ground  ;  if  they  are  two  stories  high  the 
distance  between  them  shall  not  be  less  than  fifteen  feet ; 
if  they  are  three  stories  high  the  distance  then  shall  not  be 
less  than  twenty  feet ;  if  they  are  more  than  three  stories 


7^ 


BEARING    OF    THE    CHARTER 


high  the  distance  between  them  shall  not  be  less  than 
twenty-five  feet,  but  when  thorough  ventilation  of  such 
open  spaces  can  be  otherwise  secured,  such  distances  may 
be  lessened  or  modified  in  special  cases  by  a  permit  from 
the  department  of  buildings.  At  the  rear  of  every  build- 
ing hereafter  erected  for  or  converted  to  the  purposes  of  a 
tenement  or  lodging  house  on  any  lot,  there  shall  be  and 
remain  a  clear  open  space  of  not  less  than  ten  feet  between 
it  and  the  rear  end  of  the  lot.  No  one  continuous  build- 
ing hereafter  constructed  shall  be  built  or  converted 
to  the  purposes  of  a  tenement  or  lodging  house  in 
the  city  of  New  York,  upon  an  ordinary  city  lot,  and 
no  existing  tenement  or  lodging  house  shall  be  enlarged 
or  altered,  or  its  lot  be  diminished,  so  that  it  shall  occupy 
more  than  sixty-five  per  centum  of  the  area  of  said  lot,  but 
where  the  light  and  ventilation  of  such  tenement  or  lodg- 
ing house,  are,  in  the  opinion  of  the  superintendent  of 
buildings,  materially  improved,  he  may  permit  such  tene- 
ment or  lodging  house  to  occupy  an  area  not  exceeding 
seventy-five  per  centum  of  the  said  lot,  and  in  the  same 
proportion  if  the  lot  be  greater  or  less  in  size  than  twenty- 
five  by  one  hundred  feet ;  but  this  provision  shall  not 
apply  to  corner  lots,  in  which,  however,  no  such  building 
hereafter  constructed,  above  the  first  story,  shall  occupy 
more  than  ninety-two  per  centum  of  the  area  of  a  lot,  and 
no  such  building  shall  come  within  five  feet  of  the  rear  of 
said  lot,  provided,  further,  that  in  all  cases,  both  for 
corner  and  interior  lots,  the  interior  courts  or  shafts  shall 
not  be  less  than  two  feet  four  inches  wide  at  their  narrow- 
est parts.  In  computing  the  amount  of  the  lot  covered  by  a 
building,  any  shaft  or  court  of  less  than  twenty-five  square 
feet  in  area  shall  be  considered  as  part  of  the  building  and 
not  as  part  of  the  free  air  space.     No  shaft  or  court,  over 


UPON    REAL    ESTATE    INTERESTS.  73 

ten  square  feet  in  area,  hereafter  constructed  in  a  tene- 
ment house  or  lodging  house,  except  elevator  shafts  or 
staircase  wells,  shall  be  covered  with  a  roof,  skylight  or 
otherwise.  In  all  tenement  houses  hereafter  constructed, 
or  buildings  hereafter  converted  to  the  purposes  of  a  tene- 
ment house,  the  stairway  communicating  between  said 
cellar  or  basement  and  the  floor  next  above,  when  placed 
within  any  such  building,  shall  be  inclosed  with  brick 
walls,  and  such  stairway  shall  be  provided  with  fire-proof 
doors  at  the  top  and  bottom  of  said  flight  of  stairs.  An 
open  area  shall  be  constructed  from  the  level  of  the  cellar 
to  the  sidewalk  in  front  and  extending  the  full  width  of 
such  houses,  with  a  staircase  to  give  access  to  the  cellar 
from  the  street.  Where  stores  are  located  on  the  first  floor 
the  area  may  be  covered  with  suitable  vault  lights  or 
gratings.  In  all  tenement  houses  hereafter  constructed, 
or  buildings  hereafter  converted  to  the  purposes  of  a  tene- 
ment house,  the  openings  to  the  elevators  or  lifts  in  the  cel- 
lar, and  at  every  opening,  on  every  story,  shall  be  provided 
with  self-closing  fire-proof  doors.  This  provision,  how- 
ever, shall  not  apply  to  such  elevators  in  tenement  houses 
as  are  operated  by  a  conductor  stationed  within  the  car  ; 
but  if  such  elevators  run  to  the  cellar,  they  must  be  in- 
closed in  the  cellar  with  fire-proof  walls,  and  the  door  to 
the  cellar,  if  any,  must  be  fire-proof  and  self-closing.  In 
all  tenement  houses  hereafter  constructed,  or  buildings 
hereafter  converted  to  the  purposes  of  a  tenement  house, 
all  staircases  shall  be  fire-proof ;  but  this  provision  as  to 
staircases  shall  not  apply  to  buildings  which  are  not  over 
five  stories  high  above  the  cellar,  and  which  contain  not 
more  than  three  suites  of  rooms  on  a  floor.  Every  tene- 
ment house  hereafter  constructed,  or  buildings  hereafter 
converted  to  the  purpose  of  a  tenement  house,  exceeding 


74 


BEARING    OF   THE    CHARTER 


three  stories  in  height,  or  having  a  basement  with  three 
stories  above  the  cellar,  shall  have  the  entrance  hall  and 
entire  stairwell  and  stairs,  built  of  slow-burning  construc- 
tion or  fire-proof  material;  no  wainscoting  shall  be  allowed 
in  the  main  halls  except  of  cement,  or  other  fire-proof 
material ;  at  least  one  flight  of  such  stairs  shall  extend  to 
the  roof,  and  be  inclosed  in  a  bulkhead  building  of  fire- 
proof material.  In  all  tenement  houses  hereafter  con- 
structed, and  buildings  hereafter  converted  to  the  purposes 
of  a  tenement  house,  each  room  must  have  a  separate  win- 
dow opening  into  the  outer  air  ;  each  water-closet  must 
have  a  window  opening  into  the  outer  air,  and  such  water- 
closet  inclosure,  if  provided  with  a  ventilating  flue  or 
duct,  may  have  the  window  opening  on  any  court  or  shaft 
containing  at  least  twenty-five  square  feet  in  area ;  the 
floor  of  each  water-closet  must  be  made  water-proof  with 
asphalt,  cement,  tile,  metal  or  some  other  water-proof 
material  ;  and  such  water-proofing  must  extend  at  least 
sixteen  inches  above  the  floor,  except  at  the  door  opening 
so  that  said  floor  can  be  washed  or  flushed  out  without 
leaking.  The  light  and  ventilation  of  all  buildings  here- 
after erected  for,  or  converted  to  the  purpose  of  tenement 
or  lodging  houses,  must  be  provided  in  accordance  with 
the  requirements  of  this  title,  and  the  conditions  of  a  plan 
and  permit  previously  approved  in  writing  by  the  depart- 
ment of  buildings,  and  no  existing  tenement  or  lodging 
house  shall  be  enlarged  or  altered,  or  its  lot  diminished 
without  a  similar  permit.  The  department  of  buildings  is 
hereby  empowered,  and  directed  to  make  rules  and  regula- 
tions not  inconsistent  with  the  requirements  of  this  title, 
and  which  in  addition  to  the  requirements  of  this  title, 
shall  be  the  conditions  of  approval  of  the  plans  and  per- 
mits ;    these    rules   and   regulations    shall   govern   the    ar- 


UPON    REAL    ESTATE    INTERESTS. 


75 


rangement  and  distribution  of  the  uncovered  area,  size, 
lighting,  location  and  arrangement  of  shafts,  rooms,  cel- 
lars, and  halls.  No  building  or  premises  occupied  for  a 
tenement  house  shall  be  used  for  a  lodging  house,  private 
school,  stable,  or  for  the  storage  and  handling  of  rags,  but 
the  department  of  health  may,  by  a  special  permit,  fixing 
the  conditions  thereof  in  writing,  and  providing  there  be 
the  necessary  cubic  air  space  and  ventilation,  allow  the 
maintenance  of  a  private  school  in  such  a  house.  In  case 
of  any  violation  of  the  provisions  of  this  section,  or  of  any 
failure  to  comply  with,  or  of  any  violation  of  the  terms 
and  conditions  of  the  plan  for  such  tenement  or  lodging 
house  approved  by  the  department  of  buildings,  or  of  the 
conditions  of  the  permits  granted  as  hereinbefore  pro- 
vided, or  for  the  air,  light  and  ventilation  of  the  said 
house  or  premises,  any  court  of  record,  or  any  judge  or 
justice  thereof,  shall  have  power,  at  any  time  after  service 
of  notice  of  violation,  or  of  non-compliance,  upon  the 
owner,  builder,  or  other  person  superintending  the  building 
or  converting  any  such  house,  upon  proof  by  affidavit  of 
any  violation  or  non-compliance  as  aforesaid,  or  that  a 
plan  for  light  and  ventilation  of  such  house  has  not  been 
approved  by  the  department  of  buildings,  to  restrain  by 
injunction  order,  in  any  action  by  the  department  of  build- 
ings, or  by  the  board  of  health,  the  further  progress  of  any 
violation  as  aforesaid.  No  undertaking  shall  be  required 
as  a  condition  of  granting  an  injunction,  or  by  reason 
thereof. 

Dimensions  and  ventilation  of  rooms. — Sec.  1,319. 
In  every  such  house  hereafter  erected  or  converted,  every 
habitable  room,  except  rooms  in  the  attic,  shall  be  in 
every  part,  not  less  than  eight  feet  in  height  from  the 
floor  to  the  ceiling;  and  every  habitable  room  in  the  attic 


-jd  BEARING    OF   THE    CHARTER 

of  any  such  building  shall  be  at  least  eight  feet  in  height 
from  the  floor  to  the  ceiling,  throughout  not  less  than  one- 
half  the  area  of  such  room.  Every  such  room  shall  have  at 
least  one  window  connecting  with  the  external  air,  or  over 
the  door  a  ventilator  of  perfect  construction,  connecting 
it  with  a  room  or  hall  which  has  a  connection  with  the  ex- 
ternal air,  and  so  arranged  as  to  produce  a  cross  current 
of  air.  The  total  area  of  window  or  windows  in  every 
room  communicating  with  the  external  air  shall  be  at 
least  one-tenth  of  the  superficial  area  of  every  such  room; 
and  the  top  of  one,  at  least,  of  such  windows,  shall  not  be 
less  than  seven  feet  six  inches  above  the  floor,  and  the 
upper  half,  at  least,  shall  be  made  so  as  to  open  the  full 
width.  Every  habitable  room  of  a  less  area  than  one  hun= 
dred  superficial  feet,  if  it  does  not  communicate  directly 
with  the  external  air,  and  is  without  an  open  fire-place, 
shall  be  provided  with  special  means  of  ventilation,  by  a 
separate  air  shaft  extending  to  the  roof,  or  otherwise,  as 
the  board  of  health  may  prescribe. 

Chimneys,  ash  receptacles,  water,  cellar  floor,  ceil- 
ings and  gas  in  tenement  houses Sec.   1,320.     Every 

such  house  erected  after  May  fourteenth,  eighteen  hundred 
and  sixty-seven,  or  converted,  shall  have  adequate  chimney 
for  a  stove,  properly  connected  with  one  of  said  chimneys 
for  every  family  set  of  apartments.  It  shall  have  proper 
conveniences  and  receptacles  for  ashes  and  rubbish.  It 
shall  have  water  furnished  in  sufficient  quantity  at  one  or 
more  places  on  each  floor,  occupied  or  intended  to  be  occu- 
pied by  one  or  more  families;  and  all  tenement  house* 
shall  be  provided  with  a  like  supply  of  water  by  the  owners 
thereof,  whenever  they  shall  be  directed  to  do  so  by  the 
board  of  health.  But  a  failure  in  the  general  supply  of 
water  by  the  city  authorities,  shall  not  be  construed  to  be 


UPON    REAL    ESTATE    INTERESTS.  -jy 

a  failure  on  the  part  of  such  owner,  provided  that  proper 
and  suitable  appliances  to  receive  and  distribute  such  water 
are  placed  in  said  house.  The  board  of  health  shall  re- 
quire all  tenement  houses  to  be  so  supplied.  Every  tene- 
ment house  shall  have  the  floor  of  the  cellar  made  water 
tight;  and  the  ceiling  plastered,  and  when  the  house  is 
located  over  filled  in  ground,  or  over  marshy  ground,  or 
ground  on  which  water  lies,  the  cellar  floor  shall  be  covered 
so  as  to  effectually  prevent  evaporation  or  dampness.  It 
shall  be  the  duty  of  the  department  of  health  to  see  that 
the  cellars  of  all  tenement  houses  are  so  made  or  altered 
as  to  comply  with  this  section.  Every  such  house  erected 
after  May  seventh,  eighteen  hundred  and  eighty-seven,  or 
converted,  shall  have  the  halls  on  each  floor  open  directly 
to  the  external  air,  with  suitable  windows,  and  shall  have 
no  room  or  other  obstruction  at  the  end,  unless  sufficient 
light  or  ventilation  is  otherwise  provided  for  in  said  halls, 
in  a  manner  approved  by  the  department  of  buildings. 
The  owner  or  lessee  of  every  tenement  or  lodging  house  in 
the  city  of  New  York  shall  keep  a  light  burning  in  the  hall- 
way upon  each  floor  of  said  house  from  sunset  until  lo  P. 
M.  throughout  the  year.  In  every  tenement  house  in  the 
said  city  in  which  there  is  a  hallway  or  hallways  with  no 
window  opening  from  such  hallway  outside  of  said  house, 
a  light  shall  be  maintained  by  said  owner  or  lessee  in  each 
such  hallway,  between  the  hours  of  8  A.  M.  and  to  P.  M. 
of  each  day,  unless  said  hallway  shall  be  otherwise  suffi- 
ciently lighted.  The  fire  department  of  the  city  of  New 
York  is  hereby  vested  with  authority  to  prescribe  reason- 
able regulations  concerning  such  precautions  as  may  be 
necessary  to  prevent  danger  from  fire  arising  from  such 
lights. 

Overcrowding  of  tenement  houses  prohibited;  house^ 


78  BEARING    OF   THE    CHARTER 

keeper  in  same  required Sec.  1,321.     Whenever  it  shall 

be  certified  to  the  department  of  health  by  the  sanitary- 
superintendent  or  an  assistant  sanitary  superintendent 
that  any  tenement  house  or  room  therein,  being  with- 
out sufficient  ventilation,  is  so  overcrowded  that  there 
shall  be  afforded  less  than  four  hundred  cubic  feet  of 
air  to  each  adult,  and  two  hundred  cubic  feet  of  air  to 
each  child  under  twelve  years  of  age  occupying  such  build- 
ing or  room,  the  said  department  shall  issue  an  order  re- 
quiring the  number  of  occupants  of  such  building,  or  room, 
to  be  reduced  in  accordance  with  this  provision.  When- 
ever there  shall  be  more  than  eight  families  living  in  any 
tenement  house,  in  which  the  owner  thereof  does  not  reside, 
there  shall  be  a  janitor,  housekeeper  or  some  other  respon- 
sible person,  who  shall  reside  in  the  said  house,  and  have 
charge  of  the  same,  if  the  department  of  health  shall  so 
require.  Permits  may  be  granted  by  the  board  of  health 
to  the  owners  of  lodging  houses  on  compliance  with  the 
rules  and  regulations  of  the  sanitary  code  in  the  city  of 
New  York,  and  the  conditions  of  each  permit  which  shall 
be  in  writing. 

The  City  Court  of  New  York  is  continued  in  existence 
by  section  1345.  This  is  the  old  "Marine  Court,"  of  New 
York  City,  and  is  now  continued  only  in  the  teiritory  of  the 
old  City,  as  it  existed  prior  to  June  6th,  i895,)j;^j>a>^>8'\l,eiVV^ 
tllfi..,goj;/»Hgii-of'MiHiti'a>M'atv)s.  This  omits  all  that  was  added 
on  6th  June,  1895,  viz.:  parts  of  the  towns  of  Westchester, 
Eastchester,  Pelham  ;  that  is,  parts  of  the  villages  of 
Wakefield,  Eastchester,  and  Williamsbridge.  These  were 
not  under  the  jurisdiction  of  the  City  Court,  and  arc  not 
now. 


>JICIPAL  COURT 
DISTRICTS. 


Borough  of  Bf 


UPON    REAL    ESTATE    INTERESTS. 


79 


This  seems  to  me  a  mistake.  I  think  it  would  have  been 
better  to  have  enlarged  the  territory  of  its  jurisdiction,  so 
as  to  have  covered  all  the  Boroughs,  the  whole  of  the  new 
City.  But  there  would  be  the  inconveniences  of  travel  to 
overcome  had  that  been  done. 

As  far  as  real  estate  is  concerned,  the  City  Court  never 
had,  and  has  not  now,  jurisdiction  over  that,  except  in 
dispossess  proceedings  (the  same  as  the  district  courts  and 
justices  of  the  peace)  and  in  causes  in  which  title  to  land 
comes  in  question  (in  the  pleadings  or  in  the  course  of  the 
trial)  ;  [in  district  courts  and  courts  of  justices  of  the 
peace,  when  this  happens — when  a  question  of  title  arises 
— the  judge  has  to  dismiss  the  suit.     This  is  because  they 


use  they  Q 


are  not  courts  of  record,  and  have  no  equity  powerSj. 

District  Courts  are  abolisheck  in  the  old  City /f  New     //  > 
York,  and  so  are  justices  of  the  peace  in  Brooklyn  and  i 

Long  island  City.     (Sec.  135^.)  o/ 

Justices  of  the  Peace  remain  in  Richmond  County,  and       / 
in  the  parts  of  Queens  County  included  in  the  new  City. 

The  riunicipal  Court  is  the  name  of  the  new  court 
which  takes  the  place  of  the  old  District  Courts,  etc. — 
'*  The  Municipal  Court  of  the  City  of  New  York."  There 
are  to  be  twenty-three  of  these  courts,  or,  rather,  twenty- 
three  districts,  in  each  of  which  sessions  of  this  court  are 
to  be  held. 

Borough  of  The  Bronx — Sec.  1,359.  ^"^  the  borough  of 
The  Bronx  there  shall  be  two  districts,  as  follows: 

I.  The  first  district  embracing  the  territory  described  in 


8o  BEARING    OF   THE    CHARTER 

chapter  934  of  the  laws  of  1895.  That  is  the  towns  of  West- 
chester, Eastchester  and  Pelham,  being  parts  of  the  villages 
of  Wakefield,  Eastchester,  and  Williamsbridge. 

2.  The  second  district  embracing  the  remainder  of  said 
borough. 

Borough  of  rianhattan — Sec.  1,360.  In  the  borough  of 
Manhattan  there  shall  be  eleven  districts,  as  follows: 

1.  The  First  district  embraces  the  Third,  Fifth  and 
Eighth  wards  of  said  borough  of  Manhattan,  and  all 
that  part  of  the  First  ward  lying  west  of  Broadway  and 
Whitehall  street,  including  Nuttin  or  Governor's  Island, 
Bedloe's  Island,  Bucking  or  Ellis  Island  and  the  Oyster 
islands. 

2.  The  Second  embraces  the  Second,  Fourth,  Sixth  and 
Fourteenth  wards,  and  all  that  portion  of  the  First  ward 
lying  south  and  east  of  Broadway  and  Whitehall  street. 

3.  The  Third  district  embraces  the  Ninth  and  Fifteenth 
wards. 

4.  The  Fourth  district  embraces  the  Tenth  and  Seven- 
teenth wards. 

5.  The  Fifth  district  embraces  the  Seventh,  Eleventh 
and  Thirteenth  wards. 

6.  'ihe  Sixth  district  embraces  the  Eighteenth  and 
Twenty-first  wards. 

7.  The  Seventh  district  embraces  the   Nineteenth   ward. 

8.  The  Eighth  district  embraces  the  Sixteenth  and 
Twentieth  wards, 

9.  The  Ninth  district  embraces  the  Twelfth  ward,  except 
that  portion  thereof  which  lies  west  of  the  center  line  of 
Lenox  or  Sixth  avenue  and  of  the  Harlem  river  north  of 
the  terminus  of  Lenox  avenue. 

10.  The  Tenth  district  embraces  the  Twenty-second  ward 
and  all  that  portion  of  the  Twelfth  ward  which  is  bounded 


UPON    REAL    ESTATE    INTERESTS.  gl 

on  the  north  by  the  center  line  of  One  Hundred  and  Tenth 
street,  on  the  south  by  the  center  line  of  Eighty-sixth 
street,  on  the  east  by  the  center  line  of  Sixth  avenue  and 
on  the  west  by  the  North  river, 

II.  The  Eleventh  district  embraces  that  portion  of  the 
Twelfth  ward  which  lies  north  of  the  center  line  of  West 
One  Hundred  and  Tenth  street  and  west  of  the  center  line 
of  Lenox  or  Sixth  avenue  and  of  the  Harlem  river  north  of 
the  terminus  of  Lenox  or  Sixth  avenue. 

Borough  of  Brooklyn. — Sec.  1,361.  In  the  borough  of 
Brooklyn  there  shall  be  five  districts  as  follows: 

1.  The  First  district  embraces  the  First,  Second,  Third, 
Fourth,  Fifth,  Sixth,  Tenth  and  Twelfth  wards. 

2.  The  Second  district  embraces  the  Seventh,  Eighth, 
Ninth,  Eleventh,  Twentieth,  Twenty-first,  Twenty-second 
and  Twenty-third  wards. 

3.  The  Third  district  embraces  the  Thirteenth,  Four- 
teenth, Fifteenth,  Sixteenth,  Seventeenth,  Eighteenth  and 
Nineteenth  wards. 

4.  The  Fourth  district  embrace?  the  Twenty-fourth 
Twenty-fifth,  Twenty-sixth,  Twenty-seventh  and  Twenty- 
eighth  wards. 

5.  The  Fifth  district  embraces  the  Twenty-ninth,  Thir- 
tieth, Thirty-first  and  Thirty-second  wards. 

Borough  of  Queens — Sec.  1,362.  In  the  borough  of 
Queens  there  shall  be  three  districts,  as  follows: 

1.  The  First  district  embraces  Ward  One  of  said  borough. 
(Long  Island  City.) 

2.  The  Second  district  embraces  W^ards  Two  and  Three 
of  said  borough.     (Newtown  and  Flushing.) 

3.  The  Third  district  embraces  Wards  Four  and  Five  of 
said  borough.     (Jamaica  and  part  of  Hempstead.) 


82  BEARING    OF   THE    CHARTER 

Borough  of  Richmond. — Sec.  1,363.  In  the  borough  of 
Richmond  there  shall  be  two  districts,  as  follows: 

1.  The  First  district  embraces  Wards  One  and  Three  of 
said  borough.     (Castleton  and  Northfield.) 

2.  The  Second  district  embraces  Wards,  Two,  Four  and 
Five  of  said  borough.  (Middletown,  Southfield  and  West- 
field.) 

Dispossess  or  Summary  Proceedings  are  to  be  brought 
in  these  municipal  courts,  each  case  in  the  court  within 
whose  district  the  real  estate  or  a  part  of  it  is  situated. 

These  Courts  have  jurisdiction  in  various  other  matters 
also.     (Sec.  1364.) 

But  they  can  not  take  cognizance  of  any  civil  action 
where  the  title  to  real  property  comes  in  question  (except 
in  dispossess  proceedings  aforesaid).  (Sec.  1365.)  And  if 
the  question  of  title  does  not  appear  in  the  complaint,  the 
defendant  can  make  an  affidavit  that  it  will  come  up  in  the 
answer  and  can  give  a  bond  and  remove  it  to  the  Supreme 
Court. 

These  Courts  are  where  the  suits  will  be  tried  for  the  re- 
covery of  fines  and  penalties  against  you  for  breaking  the 
rules,  known  or  unknown,  of  the  Board  of  Health,  and  of 
the  Building  Department,  and  of  the  Street  Cleaning 
Department,  and  for  breaches  of  other  ordinances  and 
rules.     (Sec.  1370,  Subdivision  5.) 

The  Location  of  each  of  these  Municipal  District  Courts 
is  to  be  named  by  the  Municipal  Assembly  within  30  days 
after  December  31st,  1897.     (Sec.  1371.) 


UPON    REAL    ESTATE    INTERESTS.  83 

The  rules  of  the  Code  of  Civil  Procedure  relating  to 
contempt  of  Court  apply  to  this  Municipal  Court,  except 
that  a  Judge  of  this  Court  can  not  be  punished  for  con- 
tempt for  not  proceeding  with  a  suit.  And  a  jury  must 
always  be  twelve  men,  not  six. 

Times  and  Places  and  Hours  of  holding  these  Munici- 
pal District  Courts  are  to  be  adopted  by  the  board  of  all 
the  justices  of  these  courts,  before  January  25th,  and  are 
to  be  published  in  the  City  Record,  and  in  one  newspaper 
published  in  each  Borough,  before  February  ist.  (Sec.  1375.) 
So  you  will  know  where  to  go  for  dispossess  proceedings. 

All  suits  pending  in  the  District  Courts  and  before 
justices  of  the  peace,  on  January  31st,  1898,  are  to  be  ad- 
journed over  to  the  Municipal  District  Court  of  their 
respective  districts,  to  February  ist,  1898,  or  some  day 
following.     (Sec.  1382.) 

The  Acquisition  of  Land  for  public  purposes  is  gov- 
erned by  sections  1435  to  1448.  As  your  interests  in  any 
such  proceedings  require  that  you  should  retain  a  lawyer 
to  protect  them,  it  is  unnecessary  to  analyze  all  those 
details  in  this  hand-book  intended  for  laymen.  These 
sections,  1435  ^o  1447,  apply  to  acquisition  of  land  by  the 
City  for  every  purpose  except  for  streets,  avenues,  parks, 
water  supply  and  wharves.     (Sec.  1448.) 

Maps  or  plans  have  to  be  prepared  (and  the  agents  of 
the  City  are  authorized  to  enter  anywhere  and  everywhere 
in  the  daytime  to  make  surveys  for  such  maps  or  plans) 
Three  Commissioners  of  Estimate  have  to  be  appointed  in 


84  BEARING    OF    THE    CHARTER 

each  case  by  the  Supreme  Court  after  ten  days'  notice  pub- 
lished in  the  City  Record  ;  these  commissioners  have  to 
report  to  the  court  and  the  court  can  confirm  it,  or  refer  it 
back  again  for  modification,  and  thereafter  confirm  it. 

The  City  at  once  becomes  the  owner,  "  seized  in  fee 
simple  absolute,"  on  the  final  confirmation  of  the  report. 

The  City  may  at  once  enter  into  possession  of  the 
property,  upon  that  final  confirmation  of  the  report,  without 
paying  a  ce?it. 

All  covenants,  contracts  or  engagements  between 
landlords  and  tenants  (or  any  other  parties)  relating  to 
that  property  shall,  upon  confirmation  of  such  report,  cease 
and  determine  and  be  absolutely  discharged  according  to  law. 
(Sec.  1438.) 

Title  may  be  vested  in  the  City  before  confirmation 
by  the  Court  if  the  Department  or  Board  that  wants  the 
land  feels  in  a  hurry,  and  passes  a  resolution  which  states 
that  they  want  title  to  vest  in  the  City  four  months  from 
the  date  of  the  filing  of  the  oaths  of  the  Commissioners  of 
Estimate.  But  in  this  case  interest  on  the  amount  after- 
wards awarded  to  the  owners  is  to  begin  to  run  in  their 
favor  from  that  date  (four  months  after  the  filing  of  the 
commissioner's  oaths)  ;  and  all  leases  and  contracts  about 
that  land  cease  and  determine,  and  are  discharged  on  that 
date  (when  title  vests  in  the  City.)     (Sec.  1439.) 

These  Commissioners  of  Estimate  have  to  deposit  their 
report  in  the  office  of  the  Department  or  Board  which  is 
conducting  the  proceeding,  and  give  fifteen  days'  notice  in 


UPON    REAL    ESTATE    INTERESTS.  85 

the  ''City  Record  "  of  its  presentation  for  confirmation,  at 
which  time  objections  may  be  made  to  it. 

The  City  shall  pay  for  the  land  taken  within  ten 
months  after  confirmation  of  the  report,  or  from  the  day 
the  title  vested  if  that  was  fixed  by  the  department  want- 
ing it,  under  section  1438.  Interest  begins  to  run  against 
the  City  at  the  end  of  that  ten  months  (in  addition  to  the  in- 
terest allowed  by  section  1439,  when  the  land  has  been 
taken  under  section  1438.)     (Sec.  1440.) 

Owners  who  are  Unknown,  or  who  are  Infants,  or 
of  Unsound  flind,  are  protected  by  the  provisions  of 
section  1441. 

Appeal  may  be  taken  within  twenty  days  after  notice 
of  the  confirmation  of  the  report,  by  any  party  who  feels 
aggrieved.  (Sec.  1442.)  But  such  an  appeal  will  not  stay 
the  proceedings,  except  only  as  to  the  particular  piece  of 
property  with  which  the  appeal  is  concerned. 

In  case  of  death,  resignation,  insanity,  disqualifica- 
tion, refusal  or  neglect  to  act,  or  of  removal  of  any  such 
commissioner,  the  Court  can  appoint  a  new  one,  under 
section  1443. 

The  Powers  of  the  Commissioners,  and  their  Fees 
and  Expenses,  are  provided  for  by  section  1444. 

Amendments  of  Defects  or  informalities  may  be  made 
by  the  Court  at  any  time,  on  such  notice  as  it  deems 
proper.     (Sec.  1445.) 

A  Commissioner  may  be  removed  by  the  Court,  in 
its  judgment,  at  any  time.     (Sec.  1445.) 


86  BEARING    OF   THE    CHARTER 

The  Corporation  Counsel   must   appear  and   protect 
the  City  in  all  such  proceedings.     (Sec.  1446.) 
The   Source   of    Payment  of   Awards   and    Expenses 

is  stated  and  detailed  in  section  1447. 

The  use  of  the  streets  by  foot-passengers,  vehicles  and 
animals  is  to  be  governed  and  regulated  by  ordinances  to  be 
passed  by  the  Municipal  Assembly.  And  until  new  ordi- 
nances are  passed,  the  laws  and  ordinances  now  applicable 
in  the  different  parts  of  the  new  city  are  to  govern.     (Sec. 

1,454.) 

There  are  over  1,100  miles  of  paved  streets  and  several 
hundred  more  of  unpaved  streets  in  Greater  New  York. 

Law  of  the  Road  is  ''Keep  to  the  right."     Sec.  1,455. 
And  another  rule  of  the  road  is  that  if   you  pass  a  vehicle 
going  the  same  way,  you  should  pass  it  on  the   left  side. 
Friends  in  the  rural  districts  can  often  tell  a  "Yorker"  from 
his  disregard  of  this  rule;  he  will  so  often  try  to  drive  past 
another  wagon  on  the  right  side  instead  of  on  the  left  as  he 
ought.     This  is  also  the   correct  rule  for  foot  passengers 
meeting,  ''Keep  to  the  right."     It  is  noticeable,  however, 
that  great  numbers  of  people  stick  to  the  old  English  rule: 
"The  rule  of  the  road  is  a  paradox  quite. 
When  you  go  right  you  go  wrong,  and  when 
you  go  left  you  go  right." 

Don't  let  your  servant  or  employe  throw  any  ashes, 
garbage,  dirt  or  paper  in  the  street,  or  you'll  be  liable  to 
ten  dollars  or  ten  days. 

So,  too,  if  you  or  your  employe  should  leave  a  wagon  or 


UPON    REAL    ESTATE   INTERESTS.  87 

cart,  unharnessed,  upon  any  street,  or  any  box  or  barrel  or 
bale  of  merchandise  upon  the  sidewalk.     Sec.  1,456. 

License  for  Amusements  or  Public  Exhibitions.    If  you 

lease  or  let  your  building,  or  part  of  your  building,  to  be 
used  for  any  theatrical  performance,  or  amusement,  or  for 
acrobats,  etc.,  or  if  you  consent  to  your  tenant's  using  the 
premises  for  any  such  purpose,  without  such  license  having 
been  previously  obtained,  you  are  liable  to  $100  fine.  (Sec. 
1,473.)  Fortunately  this  does  not  apply  to  private  theatri- 
cals and  the  exhibitions  given  for  charitable,  religious, 
masonic,  or  educational  purposes.     (Sec.  1,480.) 

The  **City  Record,"  the  official  journal  of  the  City  of 
New  York,  is  to  be  published  daily  (Sundays  and  legal  holi- 
days excepted).  It  is  to  be  controlled  by  a  board  com- 
posed of  the  Mayor,  Corporation  Counsel,  and  Comptroller, 
who  appoint  the  manager  called  the  Supervisor  of  the  City 
Record.     (Sec.  1,526.) 

Barber  shops  may  be  open  on  Sunday  until  one  o'clock 
in  the  afternoon  hereafter,  in  all  of  the  territory  of  the 
City  of  New  York  as  they  have  been  permitted  since  1895 
in  the  old  city.     (Sec.  1,535.) 

The  Territory  of  Grants  and  Franchises  is  not  extended 
to  cover  the  territory  of  the  new  City,  however,  where  such 
franchises  and  grants  were  given  originally  for  the  terri- 
tory of  the  old  city.     (Sec.  1,538.) 

Nor  is  the  Price  of  Gas  in  Richmond  and  Queens  coun- 
ties affected  by  this  Charter. 

Dedication  of  Streets  and  Highways  to  the  Public  will 


88  BEARING    OF    THE    CHARTER 

not  become  effectual  or  binding  hereafter  until  the  map  or 
plot  has  been  submitted  by  the  owner  and  approved  by  the 
Board  of  Public  Improvements.  But  upon  such  approval 
the  title  of  the  owners  to  all  streets,  avenues  and  public 
places  designated  on  such  map  or  plot  will  immediately  vest 
in  fee  clear  of  all  incumbrances  in  the  City  of  New  York, 
in  trust  for  the  designated  uses.     (Sec.  1,540.) 

A  Quorum  of  a  Board  in  any  Departmentof  the  city  gov- 
ernment, and  also  of  the  Board  or  the  Revision  of  Assess- 
ments, is  a  majority  of  the  membersof  the  Board.  (Sec.  1541.) 

Ail  City  Real  Estate  sold  must  be  sold  at  auction 
(except  land  under  water).     (Sec.  1553.) 

The  Wards  of  Brooklyn  are  to  continue  with  the 
boundaries  and  numbers  to  be  the  Wards  of  the  Borough 
of  Brooklyn.     (Sec.  1577.) 

The  Wards  of  old  New  York  and  North  of  the  Harlem 
River  continue  with  their  boundaries  and  numbers  to  be 
the  Wards  of  the  Boroughs  of  Manhattan  and  The  Bronx, 
respectively.     (Sec.  1578.) 

Towns  and  Villages  in  Richmond  County,  the  five  towns 
and  all  the  villages,  are  abolished.     (Sec.  1579.) 

The  Wards  in  the  Borough  of  Richmond,  are  :  One 
(old  town  of  Castleton),  Two  (old  Middletown),  Three 
(old  Northfield),  Four  (old  Southfield),  and  Five  (old 
Westfield).     (Sec.  1580.) 

Towns  and  Villages  in  Queens  County;  the  three 
towns,  and  all  the  villages  in  the  part  added  to  Greater 
New  York,  are  abolished.     (Sec.  1581.) 


UPON    REAL    ESTATE    INTERESTS.  89 

The  Wards  in  the  Borough  of  Queens,  are:  One  (Long 
Island  City),  Two  (the  former  town  of  Newtown),  Three 
(the  old  town  of  Flushing),  Four  (the  old  town  of  Jamaica), 
and  Five  (that part  of  the  town  of  Hempstead  included  in 
the  new  City,  The  City  of  New  York.) 

But  the  Supervisors  of  those  towns  in  office  January 
ist,  1898,  are  to  serve  out  their  respective  terms  as  super- 
visors and  as  members  of  the  Board  of  Supervisors  of 
Queens  County.     (Section  1581.) 

Bear  in  mind  that  the  old  towns  of  Flushing,  Newtown 
and  Jamaica  are  respectively  larger  than  the  old  villages 
of  the  same  name. 

Boundaries  of  the  Wards  may  be  changed,  and  new 
Wards  may  be  created  hereafter  by  the  Municipal  Assem- 
bly.    (Sec.  1582.) 

The  Proportion  of  the  Debts  of  Queens  County  and  of 
the  Town  of  Hempstead  that  are  to  be  assumed  by  the 
new  City,  are  to  be  determined  under  the  provisions  of 
section  1588  and  section  1589,  respectively  ;  and  the  ap- 
portionment of  the  amounts  of  State  taxes  and  of  the 
school  moneys,  for  each  of  the  Counties  consolidated,  are 
to  be  determined  under  sections  1593  to  1597. 

Old  Franchises  and  Grants  are  not  affected  by  this 
new  charter,  but  the  grants  of  franchises  or  properties  or 
rights  of  any  nature,  in,  to  or  concerning  property  of  any 
character,  or  other  grants  made  by  the  Nicoll's  charter, 
the  Dongan  charter,  the  Cornbury  charter,  the  Montgom- 
erie  charter,  by  the  Confirmation  Act,  passed  October  14, 


90  UPON    REAL    ESTATE    INTERESTS. 

1732,  or  by  any  other  Act  or  charter  granted  by  the  State 
of  New  York,  to  the  cities,  municipalities  and  public  cor- 
porations consolidated  by  this  new  charter,  are  ratified, 
granted,  confirmed  and  extended  to  the  City  of  New  York, 
as  constituted  by  this  Act.     (Sec.  1617.) 

A  huge  riachine — The  careful  study  which  I  have 
been  obliged  to  give  to  this  new  Charter,  in  order  to  write 
this  monograph  upon  its  Bearing  upon  Real  Estate  Inter- 
ests, has  impressed  me  with  the  comprehensive,  broad,  and 
thorough  manner  in  which  the  Charter  has  been  drafted, 
following  a  well-defined  plan,  and  with  an  eye  to  every 
detail,  forgetting  nothing  necessary,  deftly  fitting  all  parts 
together,  it  is  a  monument  to  the  ability  of  the  man  who 
drafted  it,  and  of  the  men  who  may  have  amended  it  into 
its  final  shape. 

But  it  is  an  instrument  of  despotic  power.  As  a  citizen 
whose  family  has  been  identified  with  the  City  since  its 
settlement,  in  A.  D.  1623,  as  an  American  conscious  of  his 
own  rights,  and  with  a  regard  for  the  rights  of  others,  I 
look  forward  to  the  effects  and  results  of  this  one-man 
power,  wielding  the  power  of  an  irresponsible  majority, 
with  the  gravest  anxiety  for  individual  rights  and  for  civic 
honor.  This  Charter  will  not  work  by  the  power  of  the 
people  governing  the  Mayor.  Some  party  bound  together 
for  spoils  will  elect  the  Mayor,  and  will  perpetuate  itself  : 
it  is  too  much  to  expect  anything  else  from  human  nature. 

And  Real  Estate  will  foot  the  bills. 

GEO.  W.  VAN  SICLEN. 


ANALYTICAL    INDEX 

By   GKO.  W.  van    SICLEN. 


Page. 
ACCIDENT    from    open    hoistway,     not    less    than    $1,000 

damages 

Accounts  of  Commissioners  of  Buildings 

ACQUIRING  lands,  ordinances  for,  by  Municipal  Assembly, 
title  to  land  by  Board  of  Public  Improvements 

Actions  against  City  must  be  in  Supreme  Court 

Additional   waterworks 

Address  of  tenement  owner  to  be  filed 

Adjoining  owner's  consent  for  stand  or  booth 

Administrative  Departments 

Administrators    must    file    notice    of    tenement    house    or 
lodging  house   going  to   heirs 

Ad\ertisements  along  streets 

Aldermen 

All  City  real  estate  sold  at  auction 

Alteration  of  buildings  must  conform  to  Sanitary  Code... 

Amusements,    places   of,    regulated 

Analytical  Index  to  the  Charter,   Van  Siclen's 

Annual  estimates  of  Commissioners  of  Buildings 

Appeal  in  20  days   from  condemnation   of  land 

Appeals  from  decisions  of  Commissioners  of  Buildings.... 

Applications,  record  of,  to  be  kept  by  Commr's  of  Buildings. 

APPOINTMENT  of  Commissioners  of  Buildings 

of  subordinates  by  Commr's  of  Buildings 

Areas 

ARREARS,  Bureau  for  collection  of  Assessments  and 

fees  for  searches  for 

of  Personal  Taxes,  Bureau  for  collection  of 

on  June  1st,  water  rents  and  taxes  become 

Arhes,   separate  receptacle  from  garbage 

Assent  of  Comptroller  necessary   to   purchase  of   any   real 

estate   by   City 15 

Assessed   valuation,    correction   of 49 

ASSESSMENT  becomes  a  lien  as  soon  as  list  is  filed 16 

for  deepening  water  in  docks 53 

for    local    improvements,    no    suit    can    be    brought    to 

vacate 53 

for  repairing,  none  inside  of  old  New  York 52 

list,  copy  to  be  filed  in  Borough 16 

lists  to  be  filed  in  Comptroller's  office 1(5 

must  have  votes  of  three-fourths  of   all  elected 6 

notice  of  confirmation  of 55 

not  to  exceed  more  than  half  fair  value 52 

office  in  each  Borough lt> 


45 

43 

9 

24 

19 

8 

69 

9 

12 

70 

9, 

25 

7 

88 

58 

10, 

87 

67 

43 

85 

40, 

41 

44 

36 

39 

10, 

25 

15 

10 

18 

55 

62,  69, 

7«) 

92 


ANALYTICAL  INDEX. 


Page. 

ASSESSMENTS  and  Arrears,  Bureau  for  collection  of 15- 

and  taxes  unpaid  in  Kings,  Queens  and  Richmond  prior 

to  January  1st,  1898 51 

Board  of  Taxes  and 14^ 

Board  of  Revision  of 5iS 

Department  of  Taxes  and 49 

fees  for  searches  for 10 

for  local  improvements 26,  52 

notice  of   completion   of b'Z 

unpaid,  interest  at  seven  per  cent 55- 

unpaid,  sales  for,  after  three  years 55 

Attempted    service    by    Board    of    Health    Is    suflacient    to 

bind  you 59 

Auctioneers    must   get   license    and    give   bond &■ 

Auditing  Bureau 15 

Award    to    bidder   )iot    the    lowest 26 

Avnings  and  awning  posts 9,  25 

Bakeries,   transoms,   windows,   doors  in (jJJ 

Banners  across  streets 9 

Barber  shops  open  Sunday 87' 

BATHS,  floating 47 

public 33 

BOARD  OF  Aldermen 7 

»i  •  ■  Buildings 14,  34 

can  make  new  rules 34 

Docks 14 

Education 14 

Health 14,  57 

can  acquire  right  of  way  for  drains tKi 

can    assign    the    bill    against    you    for    expenses    it 

incurred til) 

*  can  cut  in  and  collect  your  rent 59,  65,  Gt> 

can  delegate  its  powers 60' 

may    repair    buildings 57 

Public   Charities 14 

Public  Imxtrovements 23 

must  first  approve  of  any  and  all  public  work 23 

powers  of 22,  24 

to  prepare  ordinances 24 

Revision  of  Assessments 52. 

Taxes  and  Assessments   14 

decisions  reviewable  by  certiorari 51 

Boarding  house  keepers  must  report  sickness 65 

Boards,   Local 29 

BOND  of  Collector  of  Assessments  and   Arrears  is   a   lien 

on  real  estate Itt 

cf  Receiver  of  Taxes  is  a  lien  on  real  estate 16 

Bends  for  only  .'?10  each  to  be  issued  by  City 16 

Bone  boiling 10 

Booths  within  stoop  lines tf 

BOROUGH  Presidents 1» 

rates  of  taxes  different  in  each 60 


ANALYTICAL  INDEX.  93 

Page. 

BOROUGHS 3 

Boulevards,   ordinances  for,   by  Municipal  Assembly 9 

Boundaries  of  Wards  may  be  changed ^ 

BRIDGES,  fare  on 2i 

ordinances    for,    by    Municipal    Assembly 9 

BROOKLYN  Bridge,  fare  on 25 

1898  taxes  levied   in   1897 49 

Justices  of  the  Peace  abolished 79 

BUILDING  Code  to  be  provided 35,  38 

Department 36  to  44 

permits  must  also  be  filed  with  Tax  Department 50 

BUILDINGS,   Board  of 14,  34 

Commissioners  of 34,  36 

erected  or  altered,  governed  by  Sanitary  Code 58 

old,   may  be  torn   down 71 

repair  of,  by  Board  of  Health 57 

BUREAU,   Auditing 15 

Chamberlain's 15 

for  collection  of  arrears  of  Personal  Taxes 18 

Assessments  and  Arrears  18 

City  Revenues  and  Markets 15 

Taxes 15 

Bureaus  of  the  Finance  Department 15 

Buyer   of   tenement   or  lodging   house  must  file  notice   of 

transfer 70 

Canal  boat  piers 47 

Ceilings  in  tenement  houses 76,  77 

CELLAR  defined 68 

floor  in  tenement  houses 76,  77 

CELLARS  and  basements 68 

and  vaults 69 

and  yards 61 

Certiorari  to  review  decisions  of  Board  of  Taxes  and  Assess- 
ments   51 

Cesspool 68 

CHAMBERLAIN 15 

to  pay  Comptroller's  warrants 15 

Change  of  grade  after  1st  January,  1898,  liability  for 53 

Charter  takes  effect  when 2 

Chemicals 46 

Cb:mney  afire 45 

Chimneys  in   tenement  houses 76 

Cisterns 10,  25 

City  bonds  for  only  $10  each  to  be  issued 16 

CITY  CLERK  appointed 8 

his  signature  necessary 6 

City  Court  of  New  York 78 

CITY  has  ten  months  to  pay  for  land  taken 85 

leases  entered  into  by  Comptroller 15 

may   agree   with  owners  on   cost,   damages   and  benefit 

without  condemnation  proceedings 54 


94 


ANALYTICAL  INDEX. 


Page. 


84 

•J 

54. 

S4 

16 

88 

.  5, 

87 

ly 

25 

21 

58 

15 

15 

10 

69 

46 

85 

31, 

32 

33 

32 

34, 

36 

may  at  once  enter  into  possession  of  land  condemned 

without  paying  a  cent 

of  New  York,  no  longer 

owns  land  at  once,   on  filing  report  of  Commissioners 

in   opening   streets   or   parks 

property,    how   sold   or   leased 

real  estate  must  be  sold  at  auction 

CITY  RECORD 

Claims  against  the  City 

Cleaning  streets 

Closing  street  to  be  recommended  by  Local  Board 

Code,   Sanitary 

COLLECTION  OF  Assessments  and  Arrears,    Bureau  of.  . 

Taxes,  Bureau  of  

Ccllector  of  Assessments  and  Arrears,  fees  for  searches... 

COMBUSTIBLE  articles  not  to  be  stored  in  tenements 

vegetable  products 

COMMISSIONER  OF  Estimate  may  be  removed  by  Court. . 

Highways 

Sewers 

Street  Improvements  in  23d  and  24th  Wards  abolished. . 

COMMISSIONERS  OF    Buildings. 

appointment  and  removal  of  subor- 
dinates by   39 

decisions  of  40,  41 

duties  of  39 

general  powers  under  existing  laws..  37 

power  to  vary  the  provisions  of  law  42 

to  keep  record  of  all  applications...  44 

Deeds 10 

Estimates  for  lands  taken  by  the  City 84 

Committees'    recommendations   all   to   be   published    in   City 

Record 4 

Completion   of  assessments,    notice  of 52 

COMPTROLLER  enters  into  all  leases  to  the  City 15 

to  pay  contractors 2« 

COMPTROLLER'S  assent  necessary  to  purchase  of  any  real 

estate  by  City 15 

warrants  to  be  paid  by  Chamberlain 15 

Confirmation  of  assessment,   notice  of 55 

Consent  of  adjoining  owner  for  stands  or  booths l> 

Constructing  streets 24,  32 

Construction   of   tenement  houses 71  to  75 

Contagious  diseases  must  be  reported 58 

Continuation  of  existing  Building  Laws 38 

Contractor  can  not  be  let  off  from  a  fine  or  penalty 26 

Contractors,  how  paid  by  Comptroller 26 

Contractor's    time    extended    only    by    unanimous    vote    of 

Board  of  Public  Improvements 26 

CONTRACTS  between  landlord  and  tenant  cease  when  City 

takes  land  84 


ANALYTICAL  INDEX. 


95 


•when  City  takes  title  

lor  public  work  and  supplies 

Copy  of  assessment  list  to  be  filed  in  its  Borough 

"Corporeal  hereditament"  defined 

CORPORATION  COUNSEL 

appears  for  City  in  appeals  from  condemnation  pro- 
ceedings  

Correct  name  of  the  City 

Correction  of  assessed  valuation 

Cotton,  storage  of 

Council 

Council  Districts 

COUNTY  debts,  no  more 

organizations  not  abolished 

Court,  City 

Municipal 

Court  houses 

Covenants  between  landlords  and  tenants  cease  when  City 

takes  land 

Crosswalks 

Curbing  sidewalks 

Curbs 

Dangerous   buildings   and   places 

DEATH  from  open  hoistways,  not  less  than  $5,(X»0  damages. 

or  disability  of  Commissioner  of  Estimate 

DEBTS  of  counties  consolidated,  no  more 

of  municipal  corporations  consolidated,   no  more 

DECISIONS  of  Board  of  Taxes  and  Assessments  reviewed 
by  certiorari 

of    Commissioners    of    Buildings 

Dedication  of  streets  and  highways  to  the  public 

Dteds  belonging  to  City  to  be  kept  by  City  Clerk 

Deepening  water  in  docks,  assessment  for 

Delegation  of  its  powers  by  Board  of  Health 

DEPARTMENT   OP  Buildings 

Docks   and   Ferries    

Highways  

Street   Cleaning    

Taxes  and  Assessments  

Water  Supply   

DEPARTMENTS,  Administrative 

all  reports  of,  to  be  published  in  City  Record 

Heads  of 

main  oflBces  of,  shall  be  in  Manhattan 

Developed  or  devolved?    

Devisee  of  tenement  or  lodging  house  must  file  notice  of 

becoming  owner 

Different  tax  rates  in  each  Borough 

Digging  down  lots 

Dimensions  of  rooms  in  tenement  houses 

DISPOSSESS  PROCEEDINGS  in  City  Court 

in  Municipal  Court 

7 


Page. 
OS 

25 
16 
30 
18 


1 

49 

46 

7 

7 

3 

50 

78 

79 

10,  82 

84 

9,  24,  26 

21,  26,  32 

9,  24 

59 

45 

85 
3 

4 

51 

40,  41 

87 

6 

53 

60 

36  to  44 

46 

82 


28 

12 

5 

13,  14,  l.j 

28 


70 
50 
22,  32 
75 
79 
82 


96 


ANALYTICAL   INDEX. 


Page. 

DISTRICT  COURTS   abolished 79 

could  not  try  title  to  land 79 

suits  pending  in  January  1st,   1898,   to  be  adjourned  to 

Municipal  District  Courts 83 

DISTRICTS  OF  Local  Improvements 20 

Municipal  Court 79 

in  Brooklyn   81 

in  Manhattan   80,  81 

in  Queens   81 

in  Richmond    82 

in   The   Bronx   79,  80 

Dockage  rates 48 

DOCKS 46 

and  Ferries,  Department  of 46 

and  piers,  private  rights  of  owners  of 12 

Board  of 14 

deepening  water    in,  assessment  for 53 

Fire  Department 47 

for  Street  Cleaning  Department 46 

ordinances  for,  by   Municipal  Assembly 9 

set  apart  for  garden  produce 48 

Domestic  animals  not  to  be  kept  in   tenements  or  lodging 

houses 69 

Doors  from  bakeries  closed 69 

Double  taxation,  to  prevent 50 

Drainage   plans   are    to   be    filed 27 

Drinking  hydrants 28 

Driveways,  ordinances  for,  by  Municipal  Assembly 9 

Drug  stores 69 

DUTIES  OF  Commissioners  of  Buildings 39 

owners,  lessees  and  occupants 61 

"Easement"  defined 30 

Education,    Board   of 14 

1807,   Taxes  for 4 

Electric  wires,  laying  and  inspecting 25 

Electricity,   inspecting,  etc 25,  33,  34 

Encroachments  upon  streets 25 

"Equitable  estate"  defined 31 

ERECTION    OF    any    City   building 15,25 

new  buildings,   governed  by  Sanitary  Code....'. 58 

•'Estate"  defined 30,  31 

Every   owner,    part  owner,    person    interested,    lessee,    ten- 
ant, and  occupant  is  personally  liable  for  expenses 

of  Board  of  Health 65 

Examinations  by  Board  of  Health 60 

Excavations   in    streets    for   public   purposes 24 

Exclusive   piers   for   canal    boats 47 

Executor   must   file   notice   of    tenement   or    lodging    house 

left  by  will 70 

Exempt  from  taxation,   what  is 50 

Existing  Building  Laws,  continuation  and  repeal  of 38 

Ex-Mayors    belong    to    Council 7 


ANALYTICAL  INDEX. 


97 


Page. 

Expenditures  of  Commissioners  of  Buildings 43 

EXPENSE    OF    LOCAL    IMPROVEMENT,    not    to    extend 

beyond  limits  of  district 22 

to  be  assessed  in  proportion  to  benefit 22 

EXPENSES     INCURRED     BY     HEALTH     DEPARTMENT 

ARE  A  LIEN  like  an  assessment 59,  65 

on  the  rent  due 60,  65 

Explosives,   storage  of 46 

EXTENDING  street  to  be  recommended  by  Local  Board 21 

waterworks 24 

Fair  value,  not  more  than  half  to  be  assessed 52 

Fare   on   Brooklyn   Bridge  and  other   bridges 25 

Faf   rendering 10 

FEES  FOR  certificates  of  assessments  and  arrears 10 

searches  for  assessments  and  arrears 10 

Fences,  partition 10 

Fencing  vacant  lots 22,  32 

FERRIES,   Department  of  Docks  and 46 

ordinances  for,  by  Muncipal  Assembly y 

Ferry  franchises  and  leases 8 

File   your    City    Records 5 

FILLING  IN  lands 61 

sunken  lots,  by  Local  Board 22,  32 

Fine  of  $250  for  violating  order  of  Board  of  Health 62 

FIRE   Commissioners   may   enter   buildings 46 

Department 44 

piers  an  docks 47 

escape 68 

hydrants 28 

to  be  kept  clear  of  ice  and  snow  by  adjoining  owner.  45 

in  chimney 45 

Firemen,  volunteer,  retained  as  paid 45 

Fireworks,   storage  of 46 

Flagging  sidewalks 21,  24,  32 

Flags  across  streets 9 

Floating  baths 47 

Form  of  rail  for  surface  railroads 32 

Former  assessments 3 

Fountains,  public 10 

FRANCHISE  must  be  advertised  twenty  days 11 

must  have  votes  of  three-fourths  of  all  elected 6,  11 

not  for  more  than  25  years  hereafter 10 

FRANCHISES  and  grants  are  not  affected  by  new  charter.  89 

for  ferries 8 

for   street   railways 8 

only  granted  by  ordinance 10 

territory  of,  not  extended  so  as  to  cover  new  City 87 

Free  access  for  officers  to  tenement  and  lodging  houses ...  70 

Fruit  stands 9 

FRYER'S   "LAWS  RELATING  TO  BUILDINGS" 35 

GARBAGE 33 

separate  receptacle  from  ashes 62,  69 


98 


ANALYTICAL  INDEX. 


Page. 

Garden  produce,  docks  set  apart  for 48 

GAS,  price  in  Richmond  and  Queens  not  affected  by  this 

charter 87 

inspecting,  etc 25,  33,  34 

in  tenement  houses 76,  77 

pipes,  laying 25 

GENERAL  powers   of   Commissioners   of   Buildings   under 

existing  laws 37 

School  fund 56 

Get  a  lawyer 54 

GRADE,  liability  for  change  after  1st  January,  1898 53 

may  be  changed 27 

of  old  street  to  follow  old  maps  or  plans 26 

of  street  may  be  raised  for  proper  drainage 27 

used  for  20  years  is  its  surface 27 

original  new,  after  1st  January,  1898,  no  liability....  53 

Grading  streets 21,  24,  26,  32 

GRANTS  and  franchises  not  affected  by  new  charter 89 

territory  of,  not  extended  so  as  to  cover  new  City 87 

of  City  property  signed  by  City  Clerk 6 

of  land  under  water  restricted 48 

to  City  of  lands  under  water 11 

Guide  to  Buyers  and  Sellers  of  Raal  Estate,  Van  Siclen's..  31 

Gunpowder,   storage  of 46 

Gutters 9,  24,  26,  32,  33 

Half  fair  value  at  most  to  be  assessed 52 

Halls , 67 

Handbills   along   streets 9,  25 

Harbor 46 

HARLEM  RIVER  Improvement 17 

time  extended  for  improving  lands  adjacent  to 48 

Hatchways   must  be   inclosed 58 

Hay,  storage  of 46 

Head  of  a  Department  may  reject  bids 26 

Heads   of   Departments 8 

Health,  Board  of 15,  57 

Health  Department's  proceedings  all  presumed  to  be  just 

and  legal 65 

Heirs   must  file   notice   of   tenement   or   lodging   house   be- 
coming theirs 70 

Height  of  buildings 8 

Hempstead  debt  to  be  apportioned 89 

Hereafter     erected     houses     must     comply     with     all     re- 
quirements    71 

"Hereditament"   defined 30 

HIGHWAYS,  Commissioner  of 32 

dedication  of,  to  the  public 87 

Department  of 32 

Hoistways  must  be  closed  daily;   $50  fine 45 

Horse  troughs 9,  25 

Hours  of  holding  Municipal  DIctrict  Courts 83 

Housekeeper  required  in  tenement  house 78 


ANALYTICAL  INDEX.  99 

Page. 

Houses  hereafter  erected 71 

Ho-w  Comptroller  to  pay  contractors 26 

How  to  bring  about  a  local  improrement 21 

Huge  machine,   a 90 

HYDRANTS 10,  25,  28 

fire,    to   be   kept  clear   of   ice   and    snow   by   adjoining 

owner 45 

IMPROVEMENTS,  assessments  for  local 52 

Districts  of  Local 20 

Improving    lands     adjacent    to     Harlem    river,     time     for, 

extended 48 

Inalienable,   the  City's   water   front  and  property 10 

''Incorporeal   hereditament"   defined 30 

Incumbrances,   removal   of 32 

Index  to  the  Charter,  Van  Siclen's  Analytical 67 

Infant  owners  of  land  taken  by  City 85 

Infected  house   may  be  torn   down 71 

Infectious  diseases,  notice  to  be  given 70 

Information  to  be  given  of  infectious  disease   70 

Inspecting  gas,   electricity,   meters,   wires 25 

Inspection  twice  a  year  of  tenement  and  lodging  houses. ..  70 
Intention   to   serve  you  by   Board   of  Health   is   enough   to 

bind  you  if  service  only   attempted 59 

INTEREST  at  7  per  cent,  on  unpaid  assessments 55 

on  land  taken  by  City  begins  to  run  from  confirmation 

of  report  or  taking  title 84 

Iron  shutters  must  be  closed  daily;  .$.50  fine 45 

Job  over  .$1,000  must  be  by  ordinance  and  advertised 26 

Judgment  declaring  a  nuisance  is  a  lien  on  real  estate....  66 

June  1st,  water  rents  and  taxes  become  arrears 55 

Jurisdiction  of  Commissioners  of  Buildings 36 

Just  and  legal,  everything  Health  Board  does  is  presumed 

to  be 65 

Justices'  court  can  not  try  title  to  land 79 

JUSTICES    OF    THE    PEACE   abolished    in    Brooklyn    and 

Long  Island  City 79 

remain  in  Richmond  and  Queens  (except  L.  I.  City) ....  79 

Keep  your  City  Record  on  file 5 

Kings    Co.     unpaid    taxes    and    assessments    prior    to    1st 

January,  1898 51 

LAND  adjacent  to  wharf  is  "wharf  property." 47 

for   public   purposes,    acquisition   of 83,  84 

und^r  water,   grants  of,   restricted 48 

no  patent  of,  except  to  City  or  adjoining  owner 12 

LANDS    adjacent    to    Harlem    river,    time    for    improving 

extended 48 

ceded  to  U.   S.  Government 17 

heretofore    sold    and    bid    in    for    taxes    or    assessments 

by  any  village,  town  or  city  shall  belong  to  the  new 

City 56 

not  to  be  filled  in  with  garbage,  etc 61 


lOO 


ANALYTICAL  INDEX. 


under  water,  grants  of  to  City 

owned  by  the  State 

Lateral  sewer,  construction  to  be  recommended  by  Local 

Board 

Law   of   the    road 

Lawyer,  get  a 

LAYING  crosswalks 

gas  pipes,  electric  wires,  etc 

sidewalks 

surface  railroad  tracks 

water   pipes,    ordinances  for 

Lease  of  any  property  of  the  City 

LEASES  cease  when  City  takes  title  to  condemned  land. . 

ferry 

of  any  property  to  the  City 

of  City  property,  signed  by  City  Clerk 

to  the  City 

Legal  and  just,  everything  Health  Department  does  is  pre- 
sumed to  be 

"Legal  estate"  defined 

LESSEE  liable  personally  for  expenses  of  Board  of  Health 
[so  is  owner] 

must  clean  tenement  as  often  as  Board  of  Health  orders. 

Lessees'  duties 

License  for  amusements,  etc 

Licensing  vaults  under  sidewalks 

LIEN  as  soon  as  list  is  filed,  assessment  becomes 

on    real    estate,    bonds   of   Receiver    of    Taxes,    and   of 

Collector  of  Assessments  and  Arrears 

LIGHTING  each  Borough,  separate  contracts  for 

streets  and  public  places 

Liquor  stores 

LOCAL  BOARD  cannot  incur  expenditures 

in  each  District 

meetings 

pow  ers  of 

quorum 

LOCAL  IMPROVEMENT,    assessments   for 

Districts 

how  to  bring  one  about 

LOCATION  OF  Municipal   District  Courts 

old  streets  to  follow  old  maps 

LODGING  HOUSE 

keepers  must  report  sickness 

owner  notified  by  posting  notice  on  the  house 

to  be  inspected  twice  a  year 

transfer  to   be   filed   by   both   seller   and   buyer   and  by 

devisee,    executor,    heirs,    administrators 

Long  Island  City  Justices  of  the  peace  abolished 

LOTS,  digging  down 

fencing   vacant 

Piling  in 


Page. 
11 
40 

21 

86 
54 

22,  24 
25 
24 
32 
24 
15 

55,  84 

8 

15 

6 

17 


31 


65 


16 


16 

34 

25 

69 

22 

20 

21 

20, 

22 

21 

26, 

52 

20 

21 

82 

26 

66, 

67 

65 

70 

70 

70 

79 

22, 

32 

22, 

32 

22, 

32 

ANALYTICAL  INDEX.  loi 

Page. 

Lowest  bidder  to  have  job  (but  not  always) 26 

Machine,  a  huge 90 

Made  land  adjacent  to  wharf  is  "wharf  property" 47 

Main  oflBces  of  Departments  shall  be   in   Manhattan 28 

Majority  clause 51 

Manufactories  must  burn   their   own   smoke 58 

MAP  of  Council  Districts,  to  face  page 14 

of  Local  Improvement  Districts,  Brooklyn,  to  face  page.  30 

Manhattan  and  The  Bronx,  to  face  page 30 

ot  Municipal  Court  Districts,  Brooklyn,  to  face  page 78 

Manhattan  and  The  Bronx,  to  face  page 78 

MAP  or  plan  of  parts  of  City  unmapped 24 

to  be  completed  by  President  of   Board   of  Public  Im- 
provements    26 

MAPS  and  plans  are  to  be  filed 27 

©r  plans  of  old  City,  Brooklyn  and  Long  Island  City  to 

remain  the  maps  of  streets 26 

Market  property  can  only  be  sold  or  leased  for  markets. .  17 

MARKETS 16,25,47 

Bureau  of  City  Revenue  and 15 

ordinances    for,    by   Municipal    Assembly 9 

MAYOR 12 

cannot  be  re-elected  for    uexi  succeeding  term 12 

MAYOR'S  messages  all  to  be  published  in  City  Record...  4 

veto 6 

Meetings  of  Local  Board 21 

Members  of  Council 7 

Messages  of  Mayor,   all  to  be  published  in  City  Record...  4 

Meters,  inspecting  gas  and  electric 25,  33 

Minutes  belonging  to  City  to  be  kept  by  City  Clerk 6 

MODIFICATION  OF  existing  ordinances,  rules,  regulations.  8 

order  of  Board  of  Health 59 

Mortgagees  are  to  be  notified  of  sales  for  taxes 56 

MUNICIPAL   ASSEMBLY 7 

cannot  enter  directly  into  any  contract  whatever 23 

must  first  approve  of  any  and  all  public  work 23 

must  meet  once  a   month 6 

Municipal  corporations,  consolidated,  no  more  debts  of  the.  .  4 

Municipal  Court 79 

MUNICIPAL  DISTRICT  COURTS 79  to  82 

location 82 

suits    to    come    January    1st,    1898,    from    old    District 

Courts 83 

times,   places,   hours 83 

Muniments  of  City  to  be  kept  by  City  Clerk 6 

Name  of  every  owner  of  tenement  to  be  filed 69 

Name    of    the    City 1 

Naming  of  streets 9 

Necessary,  City  Clerk's  signature 6 

New  building   must  conform   to   Sanitary   Code 58 

New   school    houses 56 


I02  ANALYTICAL  INDEX. 

Page. 

Newspaper  stands a 

NEW  YORK  city  (old  city),  1897  Uxes  levied  in  1897 49 

no  assessments  can  be  laid  for  repairing  in 52 

No   assessment  without  written   estimate,    etc 23 

No  franchise  hereafter  for  over  25  years 10 

No  liability  to  owners  for  originally  establishing  a  grade 

after  1st  January,  1898 53 

No  more  county  debts 3 

No  more  debts  of  municipal  corporations  consolidated....  4 
No  patent  of  land  under  water  except  to  City  or  adjoining 

owner 12 

No  suit  can  be  brought  to  vacate  assessment  for  local  im- 
provement    53 

Not  accepted  by  old  city  of  New  York,  charter 2 

Not   "City   of   New   York" 2 

Not  "Greater  New  York" 1 

Not    less    than    .$1,(X)0    damages     for    injury    from    open 

hoistway 45 

Not  less  than  $5,000  damages  for  death  from  open  hoistway.  4R 

Not  more  than  half  fair  value  ever  to  be  assessed 52 

NOTICE  OF  completion  of  assessments 52 

confirmation  of  assessments 55 

expiration  of  time  to  redeem  from  tax  sale 56 

Notices  served  on  owners  of  tenement  and  lodging  house 

by  posting  them  on  house 70 

Noxious  business 10 

NUISANCE 63 

injunction  may  be  granted  in  suit  against 66 

judgment  declaring,   is  a  lien  on  real  estate 66 

Numbering   houses 9 

Obstructions  in  streets 25 

Occupant  liable  personally  for  expenses  of  Board  of  Health 

[so  is  owner] 65 

Occupants'  duties 61 

Offensive  trades 61 

OFFICES   for   receipt   of   taxes   and   assessments   in    each 

Borough 16 

of  Departments,  main,  shall  be  in  Manhattan 28 

Officers,  all  reports  of,  to  be  published  in  City  Record....  5 

Oil  stores 69 

Old  City  buildings  may  be  sold 11 

Old    city    of    New    York,    no    assessments    can    be    laid    for 

repairing  in 52 

Old  franchises  and  grants  not  affected  by  the  new  charter.  89 

Old  house  may  be  torn  down 71 

Old  ordinances  continue  until  new  ones  adopted 86 

Open   to   inspection,   all   City  records  and  minutes 6 

OPENING    of    street    surfaces 9,  25 

streets  and  parks 53 

street  to  be  recommended  by  Local  Board 21 

Order  of  Board  of  Health  may  be  served  on  rent  collector.  63 


ANALYTICAL   INDEX.  103 

Page. 

ORDINANCES  all  tx)  be  published  in  City  Record 4 

in   force   in    1897  to    remain   in   force    until   new   ones 

adopted 7,86 

originate   where 8 

to  be  prepared  by  Board  of  Public  Improvements....  24 
Original   new  grades  established  after  1st  January,    1898, 

no   liability   for 53 

OVERCROWDING    in    cars    and    elevators 63.64 

in  tenement  houses 77,  78 

Over  $1,000  job  must  be  by  ordinance  and  advertised 26 

OWNER  liable  for  violation  of  Sanitary  Code  by  tenant. . .  58,  65 

if  tenant  puts  out  garbage  at  wrong  hour 62 

to    fine    and    imprisonment,    though    absent    and 

ignorant  of  tenants'  neglect 59,  66 

must  clean  tenement  as  often  as  Board  of  Health  orders.  69 

OWNERS,    duties   of 61 

may  agree  with  City  on  cost  and  damages  and  benefits, 

without  condemnation   proceedings 54 

may  convey  streets  to  City  without  condemnation  pro- 
ceedings    54 

of  shore  property,   private   rights   of 11 

of  tenements  must  file  names  and  addresses 69 

unknown,  infant,  or  of  unsound  mind 85 

Paint   stores 69 

Parcels  of  City's  land  not  needed  may  be  sold 11 

Park  Board 14 

Park   Commissioners 34 

Parks,  opened  how 53 

Parks  and  Parkways,   ordinances  by  Municipal  Assembly.  9 
Part   owner    liable    personally    for    expenses    of    Board    of 

Health 65 

Partition   fences   and   walls 10 

Parts  of  undivided  taxes 51 

Patent  of  land  under  water 12 

Patents  to  be  kept  by   City  Clerk 6 

Pavements 9,  21,  24,  32 

Payment  of  Comptroller's   warrants 15 

Periodicals,  stands  for  sale  of 9 

Permit  of   Department   of  Highways   necessary 32 

Permits  for  buildings  to  be  filed  with  Tax  Department....  50 

Petroleum,   storage  of 46 

PIERS 46 

exclusive,    for   canal   boats 47 

Fire   Department 47 

ordinances   for,    by    Municipal    Assembly 9 

recreation 47 

Pipes,  laying  steam  and  gas 25 

Placards  across  streets 9 

PLACES  of  amusement  to  be  protected  from  fire 45 

of  holding  Municipal  District  Courts 83 

of  public   amusement 10 

Plan  or  map  of  any  part  of  City  unmapped 24 


[04  ANALYTICAL  INDEX. 


Page. 

"Plant"   may  be  bought  by   City 11 

"Plant"  of  franchise  may  become  property  of  City 10 

Pneumatic    power,    transmission 34 

Pneumatic  tubes,  laying 25 

POLICE  DEPARTMENT 19 

to  co-operate  with  Board  of  Health 19 

Port  and   Waters 46,  48 

POWERS  of   Commissioner  of  Buildings  to  vary  the  pro- 
visions of  law   42 

under  existing  laws  87 

of  Local  Boards 20,  21 

Present  laws  relating  to  buildings  continue  in  force 34 

PRESIDENT  of  Board  of  Aldermen 8 

of   Council 7 

of  Borough 19 

Presumed  just  and  legal  all  the  proceedings  of  Health  De- 
partment    65 

Preventing  double  taxation 50 

Price  of  gas  in  Richmond  and  Queens  not  affected  by  this 

charter 87 

Private  rights  of  owners  of  shore  property,  docks  and  piers.  12 

Private  sewers   33 

Privies 61,68 

PROCEEDINGS,   all  to  be  published  in  City  Record 4 

of  Health  Department  all  presumed  just  and  legal....  65 

to  acquire  real  estate  for  water  supply 28 

Proportion   of   debts  of  Queens  Co.   and  Hempstead   to  be 

determined 89 

Public  amusement,  places  of 10,  87 

Public  baths  and  urinals 33 

PUBLIC  BUILDINGS  and  property 3 

ordinances   for,   by   Municipal    Assembly 9 

to  be  protected  from  fire 45 

Public   Charities,    Board   of 14 

Public  fountains 10 

Public   Improvements,    Board   of,    powers 22,  23,  24 

Public    markets 25,  47 

Public  property 3 

Public   purposes,    acquisition  of   land   for 83,  84 

Public   roads , 32 

PUBLIC    Vv^ORK    must    first    be    approved    by    Board    of 

Public  Improvements  and  Municipal   Assembly 23 

or  supplies,   contrrcts   for 25 

Public  worship,  building  for,  when  exempt  from  taxation.  50 

Published  in  City  Record,   everything 5 

Pulling  down  buildings  to  prevent  spread  of  fire 45 

Pimps 10,  25 

Punishment  for  violating  order  of  Board  of  Health 62 

Purchase  of  any  real   estate  by   City  needs  Comptroller's 

assent 15 

Purity  of  water   25 

Qualifications    of    Commissioners   of    Buildings 36 


ANALYTICAL  INDEX.  105 

Page. 

QUEENS   COUNTY   debt   to   be   apportioned 8» 

1898  taxes  levied  in  1897 49 

Supervisors  continued  in  office   88 

unpaid  taxes  and  assessments  prior  to  January  Ist,  1898.  51 

QUORUM  of  a  Board  in  any  Department 88 

of   Local    Board 21 

Rail,    form    of,    for    surface    railroad 32 

Railway  franchises,   street 8 

Rates   of   fare    on    bridges 25 

Rates  of  taxes  different  in  the  different  Boroughs 60 

"Real   Estate"    defined 2!) 

REAL   ESTATE   RECORD   AND    GUIDE 6,  31,  53 

Real  Estate  will  foot  the  bills 90 

REAL  PROPERTY  LAW  OF  NEW  YORK,  VAN  SICLEN'S.  31 

Re-assessment 53 

Receiver  of  Taxes 15 

Receptacles  must  be  provided  for  ashes  and  garbage 58,  69 

Recommendations    of    Committees    all    to    be    published    in 

City  Record 4 

RECORD   AND   GUIDE 6,  31,  53 

Record   of   applications   to   be   kept   by    Commissioners    of 

Buildings 44 

RECORDS  and  minutes  open  to  inspection 6 

to  be  kept  by  City  Clerk 6 

Recreation  piers 47 

Recurbing   sidewalks 21,  32 

Redemption   from   sale  for  taxes 56 

Reflagging   sidewalk 21,  32 

Regrading   street 21,  24 

Regulating  uses  of   streets,   ordinances   for 9,  24,  25,  26,  32 

RI^GULATIONS,  of  Department  of  Buildings 36,  37 

originate  where 8 

Relaying  crosswalks,  pavements,  surface  railroad  tracks....  21,  32 

REMOVAL  of  incumbrances 32 

of  obstructions  in  streets 25 

of  subordinates  by  Commissioners  of  Buildings 39 

Rendering  of  fat 10 

Rent  of  your  house  can  be  collected  by  Health  Department.  59,  65,  66 

Repair   of   any    City   building 15,  25 

Repairing,  no  assessment  for,  inside  of  old  New  York....  52 

Repairing    street 21,  24,  32 

Repairs  of  buildings  by  Board  of  Health 57 

Repaying  street 21,  24,  32 

REPEAL  of   existing  Building  Laws 38 

of  rules,  power  is  in  Municipal  Assembly 9 

Reports    of    departments    and    officers    all    to    be    published 

in  City  Record 5 

Resetting  lamps 21 

Resolutions  all  to  be  published  in  City  Record 4 

Restricted,   grants  of  land  under  water  are 48 

Resurfacing  streets 32 

Revenue,   Bureau  of  City 16 

Revision  of  Assessments,  Board  of »  52 


I06  ANALYTICAL  INDEX. 

Page. 

RICHMOND  COUNTY,  1898  taxes  levied  in  1897 49 

unpaid  taxes  and  assessments  prior  to  January  1st,  1898.  51 

Right  of  way  to  Board  of  Health 62 

Right  of  Fire  Commissioners  to  enter  buildings 46 

Rights,  powers,  obligations,  duties  of  new  City 2 

Roofs 68 

Rooms   in    tenement   houses 75 

Rule  of   the   road 86 

Rules  and  regulations  of  Department  of  Buildings 36,  37 

Rules  originate,   where   8 

Salaries  of  Commissioners  of  Buildings 36 

SALES  FOR  taxes 56 

unpaid   taxes   and   assessments   three  years   after  they 

were  due 55 

unpaid  water  rents  four  years  after  they  were  due....  55 

SANITARY  CODE 58,  67 

governs   alterations   of   old    buildings,    and   erection   of 

new  buildings 58 

violation  is  a  misdemeanor,  $50  fine 62 

School  buildings  and  lots  not  needed  may  be  sold 17 

School   buildings.    Superintendent   of 57 

School  districts  can  become  indebted  no  more 4 

School  fund,   special  and  general 56 

SCHOOL   HOUSES,    new 56 

ordinances   for  by   Municipal   Assembly 9 

when    exempt   from   taxation 50 

School  taxes 56 

Seal  of  City  kept  by  City  Clerk 6 

Searches  for  assessments  and  arrears,  fees  for 10 

Seller   of   tenement  or   lodging  house   must   file   notice  of 

transfer 70 

Seminary,  when  exempt  from  taxation 50 

Separate  contracts  for  lighting  each  Borough 34 

Separate  receptacles  for  ashes  and  garbage 62 

Separate  sewer  connection   to   each  house 68 

Service  of  orders  of  Board  of  Health 62 

Setting  lamps  to  be  recommended  by  Local  Board 21 

SEVEN  PER  CENT.  INTEREST  on  arrears  of  water  rents 

and  taxes 55 

on   unpaid   assessments 55 

Sewer  connection,   separate  to   each   house 68 

SEWERS 10 

Commissioner  of 33 

private 33 

Sheds  on  piers  or  bulkheads 47 

Short  title  of  charter 2 

SIDEWALKS,  kept  clear  of  ice,  snow  and  obstructions...  58 

ordinances    for   use    of 9,  24,  25,  26,  33 

Signature  of  City   Clerk  necessary 6 

Signs    and    sign    posts 9,  25 

SINKING  FUND 17 

may  be  made  good  by  additional  taxes 18 


ANALYTICAL  INDEX.  107 

Page. 
Sinks  and  privies 01 

Sites    for    buildings,    etc.,    ordinances    for,    by    Municipal 

Assembly 9 

Six  months'  imprisonment  for  violating  order  of  Board  of 

Health «2 

Sleeping  rooms 08 

Soda  water  stands 9 

Soil  pipes  must  be  ventilated 50 

Space  prescribed  for  tenement  houses , . . , 71  to  75 

Special  school  fund 56 

Sprinkling  streets 25 

Stands  within   stoop   lines 9 

Stairs 68 

Stay  of  order  of  Board  of  Health 59 

STEAM   boilers,    inspected 19 

meters « 33,  34 

pipes,   laying 25,  34 

STREET  CLEANING  DEPARTMENT S3 

docks 47 

"Street"  includes  what 28 

Street    openings.    City    may    agree    with    owners    on    cost, 

damages    and    benefit,    without    condemnation    pro- 
ceedings   

Street   railway   franchises 

Street    surfaces,    opening    of 

Street  used  for  20  years,  its  surface  is  its  "grade" 

STREETS  and  highways,  dedicated  to  the  public 

opened  how 

ordinances    for    use    of 

Subscribe  to  Real  Estate  Record  and  Guide 

Subterranean  drains  from  privies 

Suit   cannot   be    brought    to    vacate    assessment    for    local 

improvement A 

Suits  pending  in  old  District  CourtsAst  January,   1898,  to 

be  adjourned  over  to  Municipal  Dl'strict  Courts 

Summary  Proceedings  in  Municipal  Court 

SUNKEN  LOTS,   filling  in 

must  be  kept  clean  and  fenced 

Superintendent  of  school  buildings 

Supervisors  of  Queens  Co 

Supplies,  contracts  for  public 

Supreme    Court    has    jurisdiction    of    all    actions    against 

the  City 

Surface  of  street  used  for  20  years  is  "on  grade" 

Surface  railroads 

Surfaces    of    streets,    opening    of 

Surveys  by  Board  of  Health 

Sweepings 

Takes  effect,  when  Charter 

Taking  care  of  City's  money.  Chamberlain  

Tax   office  in   each  Borough 

Tax   rates   different    in    different   Boroughs 


io8  ANALYTICAL  INDEX. 

Page. 

Taxation,  double,  prevented  50 

TAXES  AND   ASSESSMENTS,    Board  of 14 

Department  of 49 

decision  of  board  reviewable  by  certiorari 51 

unpaid   in    Kings,    Queens   and    Richmond    prior   to   1st 

January,  1898 51 

Taxes  are  levied  and  raised  under  Sections  247  to  249 18 

Taxes  become   arrears  on  June   1st,    and  bear  7   per   cent. 

interest 55 

Taxes,    Bureau   for   collection   of 15 

TAXES  due  and  payable  at  the  Borough  offices 51 

for  1897 4 

for   1897   in   old   New   York  city 49 

for  1898  in  Brooklyn,  Queens  and  Richmond 49 

for  school  purposes 56 

may  be  increased  to  pay  bonds  falling  due 18 

Receiver  of 15 

undivided  parts  of 51 

unpaid,  sales  for,  three  years  after  due 55 

Telegraph  posts 9,  25 

Temporary  use  of  sidewalks  and  streets 9,  25 

Ten  dollar  bonds  to  be  issued  by  City 1(5 

TENANT  can  be  made  to  pay  the  rent  to  Board  of  Health.  59,  65,  66 

liable  personally  for  expenses  of  Board  of  Health 6.5 

Tenement   and   lodging  houses 66 

TENEMENT  HOUSE,  ash  receptacles 76 

cellar  floor;  ceilings 76,  77 

chimneys 76 

construction  and  space 71  to  7r> 

defined 67 

dimensions   and   ventilation   of   rooms 75 

gas 76,  77 

housekeeper  required 77,  78 

must  be  cleaned  as  often  as  Board  of  Health  orders.  . .  69 

overcrowding 77,78 

owner  notified  by  posting  notice  on  the  house 70 

owner's  name  and  address  to  be  filed 69 

to    be    inspected    twice    a    year 70 

transfer  to  be  filed  both  by  buyer  and  seller,   and  by 

devisee,    executor,    heirs,    administrator 70 

water 76,77 

"Term  for  years"  defined   31 

Territory  of  grants  and  franchises  not  extended  to   cover 

new  City 87 

Testing  gas,   gas  meters,   electric   meters   and   lights,    and 

steam  meters 33,  34 

THE 1 

Theatres  to  be  protected  from  fire 45 

"TAc  City  of  Now  York"  is  correct  name 1 

owns  lands  heretofore  sold   and  bid   in   for   taxes  and 
assessments    by    any    village,    town    or    city    con- 
solidated    56 


ANALYTICAL  INDEX.  109 

Page. 
Thirty   days'   notice  to   Comptroller   of   award   to   pay   for 

real  estate 15 

Three-fourths  of  all  elected  must  vote  for  an  assessment, 

and   for   a    franchise 6 

Three  per  cent,  added  to  taxes  "for  deficiencies" 18 

Time    for     improving    lands    adjacent     to    Harlem     River 

extended 48 

Time  to  redeem  from  tax  sale,  notice  to  be  published 56 

Times  of  holding  Municipal  District  Courts 83 

Title  of  land  condemned  may  be  vested  in  the  City  before 

confirmation  of  report 84 

To  prevent  double  taxation 50 

Towns  and  villages  of  Queens  and  Richmond  abolished...  .  88 

Towns  can  become  indebted   no   more 4 

Tracks  of  surface  railroads 32 

Trades,  offensive 61 

Transoms  from  bakeries  closed 69 

Trap-doors  must  be  closed  daily,  $.50  flue 45 

Tubes,  pneumatic,  laying 2.5 

Tunnels  under  streams  only,   ordinances  for,   by  Municipal 

Assembly 0 

.t;250  fine  for  violating  order  of  Board  of  Health 62 

Two-thirds  of  all  elected  needed  to  pass  over  Mayor's  veto.  6 
Unanimous  consent  needed  to  pass  resolution  or  ordinance 

affecting  property  at  same  session  when  offered....  5 

Undivided  parts  of  taxes 51 

Unknown  owners  of  land  taken  by  City 85 

Uninhabitable  house  to  be  condemned 71 

Unpaid  assessments  bear  7  per  cent,  interest 55 

Unpaid  Kings,  Queens  and  Richmond  taxes  and  assessments 

prior  to  1st  January,   1898 51 

Unsound  mind,   owners  of  land  taken  by  City 85 

Upland  adjacent  to  wharf  is   "wharf  property" 47 

Urinals 9,25,33 

Use  of  streets,  ordinances  for 9,  24,  25,  86 

Vacant  lots,  fencing 22,  32 

Vacate  assessment  for  local   improvement,   no   suit  can   be 

brought  to 53 

Valuation,  correction  of  assessed 49 

Value,  not  more  than  half  of,  to  be  assessed 52 

VAN       SICLEN'S       ANALYTICAL       INDEX       TO       THE 

CHARTER 67 

VAN  SICLEN'S  GUIDE  TO   BUYERS   AND   SELLERS   OP 

REAL    ESTATE,    AND    N.    Y.    REAL    PROPERTY 

LAW 31 

Vary    the    provisions    of   law,    power    of   Commissioners   of 

Buildings  to 42 

Vaults 10,25,32 

Vaults  and  cellars 69 

Vegetable   products   that  are  combustible 46 

VENTILATORS  in  halls 68 

in   rooms   in   tenement  houses 75 


no  ANALYTICAL   INDEX. 

Pa8e> 

VILLAGES  can  become  indebted  no  more 4 

of  Queens  and  Richmond  abolished 88 

Violating  order  of  Board   of  Health   a   misdemeanor,    $250 

fine  or  6  months'   imprisonment 62 

Violation  of  Sanitary  Code  a  misdemeanor,   $50  fine 62 

Volunteer  firemen  to  be  retained  in  paid  Department 45 

Votes  on  an  assessment,  and  on  a  franchise 6 

Wallpaper 69 

Walls,    partition    10 

WARDS 88,89 

boundaries  may  be  changed 89 

Warrants  of  Comptroller  paid  by  Chamberlain  16 

Waste  pipes  must  be  ventilated  5& 

Water  closets 68 

WATER  from  roof 68 

in   docks,    assessment   for   deepening 53 

in   tenement   houses 76,  77 

is  sometimes  real  estate 28,  29 

meters 28 

pipes,   laying 24 

rates  become  Arrears  on  1st  June  and  bear  7  per  cent. 

interest 55 

rents 24 

fixed   by   Municipal   Assembly 28 

in  same  bill  with  taxes  hereafter 55 

unpaid,   sales  for,   after  four  years 55 

supply 28 

proceedings  to  acquire  real  estate  for 28 

to  private  companies 24 

WATERS 46 

included  in  port  of  New  York 48 

WATERWORKS,  additional 8,24 

preservation  of 25 

WELL-HOLES  must  be  closed  daily,  $50  fine 45 

must    be    inclosed 58 

Wharf  property  defined 47 

Wharfage  rates 48 

WHARVES,  ordinances  for,   by  Municipal  Assembly 9 

public 47 

What  waters  included  in  port  of  New  York '48 

Where  ordinances,  rules  and  regulations  originate 8 

Whitewash  walls  and  ceilings  of  tenements  once  a  year.  .  69 

Widening  street  to  be  recommended  by  Local  Board 21 

Width  of  old  streets  to  follow  old  maps 26 

Width  of  sidewalks 24 

Windows  from  bakeries  closed 69 

Wires,   electric,   laying  and  inspecting 25 

WORK,   contracts  for  public 25 

for  over  $1,000  must  be  by  ordinance  and  advertised.  .  26 

Writings  belonging  to  the  City  to  be  kept  by  City  Clerk.  .  6 

Written  estimate  before  any  assessment 23 

Yards    and    cellars 61 


GUIDE  TO  BUYERS  AND  SELLERS 
OF  REAL  ESTATE 

HOW  TO  DRAW  A  CONTRACT 


GEO.  W.  VAN  SICLEN 

Counsellor  at  Law. 


TOGETHER   WITH 


THE    REAL   PROPERTY   LAW 

Of  the  State  of  New  York  of  October  i,  1896, 

INDEXED. 


REAL   ESTATE    RECORD   AND    GUIDE, 

PUBLISHERS, 

14-16  Vesey  St.,  New  York. 
65  pages.    Price,  $1.00  in  cloth;  75  cents  in  paper. 


THE  STANDARD  AUTHORITY. 

Laws  Relating  to  Building 

IN  NEW  YORK  CITY, 

(With  the  New  Charter  Amendments,) 


WILLIAM    J.  FRYER, 

Member  of  the  Board  of  Examiners. 


A  volume  of  450  pages,  containing  all  the  laws  that  have 
any  direct  bearing  upon  Building  operations  ;  illustrated,  in- 
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the  Height  of  Dwelling  Houses ;  Plumbing,  Elevator,  Light 
and  Ventilation,  Electric  Light,  Power  and  Heat  Regulations ; 
Tenement  and  Lodgiug  House  Laws ;  Regulations  of  the 
Department  of  Public  Works  ;  Police  Department  rules  con- 
cerning buildings.  Inspection  of  Steam  Boilers  ;  Laws  Relating 
to  the  Extinction  and  Prevention  of  Fires ;  a  Directory  of 
Architects,  etc.,  etc. 


Price,  in  doth,       -       =      $2.50. 


Record  and  Guide,  14-16  Vesey  Street, 
New  York  City. 


THE  INVESTOR'S  PAPER. 


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The  Record  and  (juide 

^  (Established  1868.) 

A    WEEKLY    JOURNAL    THAT    WILL 

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^ 


Send  to  the  Office  of  Publication, 
14-16  Vesey  Street;  New  York  City, 
For  a  Sample  Copy 


FRANCIS  T. 

UNDERHILL, 

Eeal  Bstate, 

9  Pine  Street, 

New  York. 

(Ground  Floor.) 

Telephone  Call 

,  4786  Cortlandt. 

GERMAN-AMERICAN 

REAL  ESTATE  TITLE 
-» GUARANTEE  CO., 

36  Nassau  Street,  New  York. 

MUTUAL  LIFE   INS.  CO.   BUILDING, 

TELEPHONE:  BROOKLYN  OFFICE, 

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This  Company  affords    absolute  protection    to  purchasers    of    Real 
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EDWARD  V.   LOEW,  President. 
GEORGE  C.  CLAUSEN,  Vice-President. 
C.  J.  OBERMAYER,  Sec'y  and  Treas. 
CHARLES  UNANGST,  Counsel. 
HON.    NOAH    DAVIS,   Advisory    Counsel. 


Directors. 


SILAS  B.  DUTCHER,  GEORGE  C.   CLAUSEN, 

GEORGE  W.   QUINTARD.  RUSSELL  SAGE, 

EDWARD  V.  LOEW,  WILLIAM  WAGNER, 

JAMES  FELLOWS,  JOSEPH  J.  KITTEL, 

DAVID  H.   McALPIN,  JOHN  WEBER, 

EDWARD  UHL,  JUNIUS  N.  PETTY, 

C.   J.   OBERMAYER,  GEORGE   H.   BEYER, 

FRANK  M.   WEILER,  EDWARD  M.   BURGHART, 

JOHN  GUTH,  FREDERICK  G.  YUENGLING, 

VAN  MATER  STILLWELL,  CHARLES  UNANGST. 


■^ 


